CHANAKYA NATIONAL LAW UNIVERSITY

A Project On
Socio-legal study of

Child Labour in Urban Areas

SUBMITTED TO: - Mr. Sangeet Kumar FACULTY: - Sociology - II

Made By: Nidhi Navneet 1st year (2nd sem) ROLL No.570 B.A.LL.B. (Hons)

Socio-legal Impact of Child Labour in Urban Households

ACKNOWLEDGEMENT I am feeling highly elated to work on the topic Socio-legal study of Child labour in Urban Areas under the guidance of my SOCIOLOGY teacher. I am very grateful to him for his exemplary guidance. I would like to enlighten my readers regarding this topic and I hope I have tried my best to pave the way for bringing more luminosity to this topic.

I also want to thank all of my friends, without whose cooperation this project was not possible. Apart from all these, I want to give special thanks to the librarian of my university who made every relevant materials regarding to my topic available to me at the time of my busy research work and gave me assistance. And at last I am very much obliged to the God who provided me the potential for the rigorous research work.

At finally yet importantly I would like to thank my parents for the financial support.

----------Thanking you Nidhi Navneet C.N.L.U.

Socio-legal Impact of Child Labour in Urban Households

RESEARCH METHODOLOGY

Research Method: The researcher has used both the Doctrinal and Empirical method of research for this topic, as this topic is related with both the legal provisions and the society. For this along with the written material available in library and on net, there is a need of field work to be done which is going to be incorporated by the researcher. Aims & Objectives The aim & objective of this research work is mainly to find out what are the conditions of children employed in the domestic sector in the urban areas with a simultaneous view of the industrial sector of urban areas. It was to find out whether the domestic child labour can be as dangerous and harmful as the industrial child labour for overall development of these children. What are the working conditions of these sectors and whether they are provided with any facilities or not. Also to find out that there are any laws prohibiting this kind of labour present or not and if they are, whether they are as effective, as implemented as they should be and if not, whether there is any dire need of these laws or not. Sources of Data The whole project is made with the use of both primary and secondary sources. As the primary source, the field work and peoples views is taken and for the secondary sources, books, journals, newspaper article, material available on net and articles written by eminent jurists is taken. Method of Writing The method of writing followed in the course of this research paper is primarily analytical.

Socio-legal Impact of Child Labour in Urban Households

Type of Study For this topic, the researcher is following the Analytical and Critical type of study, as in this topic the problem is related to the society and a complete analysis of the problem is required and there is a need of solution to that problem. Hypothesis The researcher through this project wants to assert these points and thus wants to take them as its hypothesis that, firstly in domestic sector also, like in the industrial sector, the children are exploited on a large scale. They are ill-treated there and are made to work for long hours in unjust conditions. And the next point, as the industrial child labour, which is widely recognised by legislature makers in this sector also, the full development of children are hampered as they are not provided with their rights and thus should also get proper recognition in the legal sense which is not there in present scenario.

Socio-legal Impact of Child Labour in Urban Households

Table of Contents

Introduction ..........................................................................................................................5 Child Labour: Conceptual Analysis .....................................................................................7 1. 2. 3. Child Labour As Defined By Ilo: .............................................................................7 Meaning Of Child Labour: .......................................................................................7 Magnitude Of Child Labour .....................................................................................9 Child Labour In India ................................................................................................10 Child Labour In Urban Areas ............................................................................................13 1. 2. 3. 4. Places Coming Under Urban Areas ........................................................................13 Conditions Of Children And Child Labour ............................................................13 Causes Of Child Labour .........................................................................................15 Consequences Of Child Labour ..............................................................................17

Legal Provisions Related To Child Labour .......................................................................19 1. 2. 3. International Concern: Laws Made By Uno ...........................................................19 International Provisions Binding On India .............................................................20 Laws In India ..........................................................................................................20 Constitutional Provisions ...........................................................................................22 Lacunae In Law .................................................................................................................30 Field Work .........................................................................................................................32 Conclusion .........................................................................................................................35 Bibliography ......................................................................................................................37

Socio-legal Impact of Child Labour in Urban Households

INTRODUCTION Children have always worked. Until the industrial revolution of the 18th century most of this work was focused around the home caring for younger children, tending crops and animals, gathering or preparing food, building protective shelters, or other work necessary for continued daily existence. The evolution of guilds in the middle of the last millennium associated with the apprenticing of children to tradesmen to probably the first major movement away from family based work. Although guilds provided work for children outside of the family setting, the setting and work of an apprentice was not always in the best interest of the child. Yet, social prohibitions concerning child labour were few. With the dawn of the industrial revolution, dramatic changes in agriculture, manufacturing and mining were associated with equally dramatic changes to every aspect of daily life. For children this meant increasing engagement in work away from family, work that was often dangerous, arduous and long. Social attention concerned with misuse of children gradually grew with Victorian era concern both for child welfare and education. In the 21st century attention has certainly been focused on the most heinous and tragic ways in which children are forced into hazardous works where they are at high risk of serious or fatal injury. It has been identified and condemned too. Industrialized nations and some developing nations have codified protections in labour or public health law. Enforcements of these laws, however, has been quite variable. And while children have gained some protections from worst working conditions in developed nations, even there problem persists. Beyond protecting children from hazardous or forced labour, concern has been raised with the amount of work how working long or inappropriate hours interferes with the critical education of our children. As well, there is great concern with efforts to justify child labour as economically essential to the family. This despite the studies that show families that suffer the worst poverty are most likely to expect their children to work to assist to family survival. Rather than a route out of poverty, these are the families that are being trapped in a never-ending spiral to the bottom of the economic pyramid. As societies have come to focus quite serious attention on child labour, the many and varied issues related to control or elimination of child labour have proved difficult to solve. National, regional and local attention is still needed to promote

Socio-legal Impact of Child Labour in Urban Households

appropriate work, which is accepted voluntarily, and without adverse effect on education and development. Actually, it is highly desirable to find a new framework to understand child labour, both the problem and successful routes to its solutions. Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many International Organizations and is illegal in many countries. Thus, child labour has long been a major public health concern. Worldwide, there are an estimated 191 million child labourers aged 5 to 14 years. This project takes a fresh look at the causes and consequences of child labour using a rights-oriented public health perspective. This perspective means that child labour is not just explored in terms of its impact on the health of individual children. Instead, child labour is considered in terms of human rights and the economic, social and health effects on children, their families and the wider community.

Socio-legal Impact of Child Labour in Urban Households

CHILD LABOUR: CONCEPTUAL ANALYSIS 1. Child labour as defined by ILO: The ILO global estimates on childrens work is defined in terms of economic activity as set forth by the System of National Accounts (SNA) and resolution on employment adopted at the Thirteenth International Conference on Labour Statisticians. Economic activity covers all market production (paid work) and certain types of non-market production (unpaid work), including production of goods for own use. Whether paid or unpaid, therefore, the activity or occupation could be pursued in either the formal or informal sector and in either urban or rural areas. For example, children in unpaid activities in a market oriented establishment operated by a relative living in the same household are considered as working in an economic activity. Also, children working as maids or domestic workers in someone elses household are also considered economically active. However, children engaged in domestic chores within their own households are not classified as economically active.1 In order for a child to be classified economically active, the child must have performed at least one hour of work during a reference week. While the definition of economic activity in SNA includes individual seeking work and those who are currently unemployed, the ILO excludes these groups in measuring childrens work.2 2. Meaning of child labour: Child labour includes children prematurely leading adult lives, working long hours for low wages, under conditions damaging to their health and to their physical and mental development, sometimes separated from their families, frequently deprived of meaningful education and training opportunities that could open up for them a better future (the International Labour Organizations, 1983) When the business of wage earning or of participation in self or family support conflicts directly or indirectly with the business of growth and education, the
1

International Labour Office (2002). Every child counts: new global estimates on child labour. Geneva: International Labour Office. 2 Ibid.

Socio-legal Impact of Child Labour in Urban Households

result is Child Labour.3 Child labour can be broadly classified into the following categories: Child Labour covered by Legislation, Child Labour falling outside the Legislative framework, Agriculture and allied activities, and, Informal, unorganised, semi-urban and urban sector.4 Child labour is a complex and a controversial issue. Unfortunately, it is a global phenomenon. In almost all societies, children work in some way, though the types of work they do and the forms of their involvement vary. But many millions of children work under abusive and exploitative conditions that are clearly dangerous to them. They are found in the following situations among others: In agriculture, performing heavy work and exposed to the many hazards associated with the introduction of modern machinery and chemicals. In domestic service, carrying out arduous work under conditions of isolation, over excessively long hours and with physical and sexual abuse. In the streets working as rag pickers, vendors and child prostitutes, often under threat of violence from street gangs and the police, and with exposure to life threatening diseases. In small industrial workshops and service establishments. At home, tending younger children or helping in family farms and business, working such long hours that it is impossible to play or attend school. In dangerous industries and occupations, such as glass making, construction, mining and carpet weaving. As bonded labours in outright slavery. In predominantly exports industries, such as textiles, clothing, carpets and footwear. In hotels and dhabas working as waiters, carriers, sweepers or doing any domestic work. In small shops, as salesman, and in different household businesses like fishing, etc., as helper.5
3 4

Given in Encyclopedia of social Sciences. Public Hearing and Second National Convention of Child Labourers: Reference KIT, (ACL, March 1997).

Socio-legal Impact of Child Labour in Urban Households

The above points incorporated both the places of Urban and Rural areas comprising of both domestic and industrial labour. This project mainly focuses on the Urban Areas, comprising both industrial and domestic sectors where children are exploited on a mass scale. But the focus is given more on the domestic exploitation. 3. Magnitude of Child Labour The estimates on the magnitude of child labour vary due to multiplicity of definitions, different methods of computation, and the collection of data at different points of time. Statistics on child labour are , therefore, elusive not only because of the special and practical difficulties involved in the design and implementation of the child surveys but also because of differences in perception about what constitutes a child, or child work, or child labour. Despite these shortcomings certain figures and estimates have been produced and these highlight a very concerning global scenario. The evidence reveals a problem found throughout the world especially in Africa, Asia and Latin America. Recent experimental surveys carried out by the International Labour Organisations Bureau of Statistics in a number of countries indicate that even children below ten years of age are at work in substantial numbers mostly for domestic purposes. The bureau now estimates that, in the developing countries alone, there are at least 120 million children between the ages of five and fourteen who are fully at work and more than twice as many, if those, for whom work is a secondary activity, are included. Of these, 61 percent are found in Asia, 32 percent in Africa, and 7 percent in Latin America. Although, Asia has the highest number of child workers, Africa has the highest incidence at around 40 percent of children between five and fourteen years old. Though primarily a developing country problem, child labour also exists in many industrialized countries and is emerging in many East European and Asian countries, which are in transition to a market economy6. One of the most visible forms of child labour in big cities in many countries is that performed by street children. This applies to countries such as Brazil in South

5 6

Excerpt taken from the book Child Rights in India by Asha Bajpai. International Labour Organization, Child labour: Targeting the intolerable The problem, Geneva,1996, pg. 7.

Socio-legal Impact of Child Labour in Urban Households

America, Kenya in Africa and India in Asia7. The numbers of street children are increasing in the former communist countries of Eastern Europe. However, in large cities, many child workers are hidden from public view, such as the children who help out in small workshops and garages in Cairo, Egypt, or those who scavenge in the garbage dumps outside Lima, Peru.8 Most of the countries of Latin America, Asia and Africa have similar economic problems. Child workers are found in both traditional work and in modern industrial production. Children fish in Indonesia and herd animals in Zimbabwe. They also work in coal mines of Columbia and garment factories of Morocco.9 CHILD LABOUR IN INDIA India continues to host the largest number of child labourers in the world today. According to the Census 2001, there were 12.7 million economically active children in the age-group of 5-14 years. The number was 11. 3 million during 1991 (Population Census) thus showing an increase in the number of child labourers. Workers in general are classified into main and marginal workers by the population census. Census data shows that there is a decline in the absolute number as well the percentage of children (5-14) to total population in that age group, classified as main workers from 4.3 percent in 1991 to 2.3 percent in 2001. But there was a substantial increase in marginal workers in every category of worker irrespective of sex and residence. As a result, despite the number of main workers declining from 9.08 million in 1991 to 5.78 million in 2001, the total number of children in the work force increased. A large part of the increase was accounted for by the increase in marginal workers, which increased from 2.2 million in 1991 to 6.89 million in 2001. Main and Marginal workers put together, the work participation rate (WPR) of children in the 5-14 age group has declined from 5.4 percent during 1991 to 5 percent in 2001. The trends between 1991 and 2001 of declining main child workers along with increasing marginal workers may indicate the changing nature of work done by children. This is also to be seen in the context of decelerating employment growth in general in the economy during the last decade.

Sandy Hobbs, Jim McKechnie and Michael Lavalette, Child labour: A world history companion, MPG Books Limited, Bodmin, Cornwall, Great Britain, 1999. 8 Ibid. 9 Ibid.

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Socio-legal Impact of Child Labour in Urban Households

Changes in Work Participation (Main and Marginal) Rate of Children indifferent age groups All India Boys 5 to 9 10 to 14 5 to 14 0.9 10.9 5.7 Girls 0.9 9.9 5.1 1991 All Children 0.9 10.4 5.4 Boys 1.5 8.8 5.1 Girls 1.4 8.5 4.9 2001 All Children 1.4 8.7 5.0

Source: Census of India, 1991 and 2001 However, if we look at the WPR for different age groups among children, the trend is different. The WPR for children in 5 to 9 age group has marginally increased from less than 1 percent during 1991 to 1.4 percent during 2001. In the case of 10-14 years age group children the decline is only marginal - from 10.4 percent during 1991 to 8.7 percent during 2001. This indicates that a substantial number of children in the 10 to 14 age group are in the labour force despite the decline in the proportion of children in the total population. Latest available estimates on WPR children are from the 61st Round of NSSO (2004-05). According to NSSO estimates WPR for children in the 5-9 age group is negligible and for children in the age group of 10-14, it still continues to be significant though declining. Though there is a declining trend in the incidence of child labour in the country, it has not automatically resulted in bringing all children to school. There were 87 million children (5-14) who were out of school during 2001. NSSO (61st Round) estimates show that the magnitude of out of school children has declined to 43 million by 2004-05. This could be probably because of the efforts of SSA and other initiatives to stop child labour. However, the NSSO estimates show that about one fifth of the girl children in the 5 to 14 age group are not in school. There seems to be a persisting gender gap. While this is the picture that emerges for the country as a whole, there is a wide variation across states.10 Magnitude of Child Labour across States There is across the board decline in the incidence of child labour in the Southern and Western Indian States and Union Territories between 1991 and 2001.
10

Abolition of Child Labour in India, Strategies for the Eleventh Five Year Plan submitted by National Commission for the Protection of Child Rights (NCPCR) to Planning Commission, India.

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Socio-legal Impact of Child Labour in Urban Households

However, there has been an increasing trend in the Eastern and North Indian States and Union Territories. The data from the state of Andhra Pradesh shows that there is both a dramatic increase in the number and percentage of children going to school from 49.18 percent in 1991 to 73.82 percent in 2001.The percentage of children out of school has also declined substantially from 50.81 percent in 1991 to 26.17 percent in 2001. Surprising is the case of Himachal Pradesh, which has shown significant increases in school attendance and in literacy levels. However, there is a dramatic increase in the percentage of children in the age-group 5-14 years who are classified as workers, both main and marginal. In Himachal Pradesh, the percentage of child workers has gone up from 5.5 percent in 1991 to 8.6 percent in 2001.This could also be a result of larger numbers of children combining work with schooling or simply better enumeration of childrens unpaid work. Nearly 48 percent of the child labour forces in the age group of 5-14 are involved in manufacturing, both household based and non-household based. Remaining child labour force is involved in service sector operations including construction, trade and domestic service mostly in the informal sectors of the economy. This partly explains the increase in the child labour force in North and East Indian States where the household industries and service sector is growing.11

11

Ibid.

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Socio-legal Impact of Child Labour in Urban Households

CHILD LABOUR IN URBAN AREAS

1. Places coming under Urban Areas

Urban Areas comprise of both Industrial i.e. Factories, Mines, Corporations, Construction areas, etc., as well as Domestic areas i.e. Houses, Shops, Establishments, Streets, Hotels, etc. So, it is required to know about children being employed at both kinds of areas. Industrial Child Labour is that form of child labour in which the place of working includes specifically dangerous places for a child like factories, industries, coal mines, etc., where for working technical knowledge and prudence is required which cannot be present in an ordinary child. Also, for working at those places, a strong stamina and high physical endurance level is required because of strenuous manual work with the knowledge of specific technicalities. The working conditions at these kind of places are extreme and thus requires extra need and care. As such prudence cant be logically expected by a child, thus these are the places where child labour is specifically prohibited by law. Whereas Domestic Child Labour is that hidden form of child labour in which the children either are disguisedly employed or openly employed for doing ambiguous tasks. In this form of child labour, children are mostly employed at the places involving domestic works like cleaning, serving, helping etc., which are not so technical and mainly requires manual labour. Here also, sometimes children are forced to work in inhospitable conditions and to do long hours of work without proper wages. In this sector also, they are forced to do strenuous hard labour for long durations like rickshaw pulling, carrying heavy loads, etc., which ultimately affects their health. This form of child labour is still to be recognised by the legislature and the society in its full form and impacts, and thus, is widely neglected. Although there are some steps taken for this too, some laws are to be formulated; still there are no such advancements in the condition of those child labourers.

2. Conditions of Children and Child Labour

The children are forced to work in the following conditions:

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Long duration of strenuous and hard work. Have to work sometimes 24 hours a day in domestic sectors. They typically work between 8 and 18 hours a day and are unable to refuse work. Work under pathetic living conditions like in dungeons, or underground mines. Expected to work like an adult and thus punished for any wrong done. Sometimes have to work with noxious fumes or in dimlights or in extreme variations in temperatures which directly affects their health. Over excessive burden on doing one particular job with perfection like weaving blankets, making bangles in which stress on a particular part of body occurs leading to defect in that part. They can be hired or fired at any time. These children have no or very little opportunity for recreation and social interaction. They are deprived of any kind of educationformal and non-formal. Neither have they gained any other vocational knowledge to earn their livelihood in further life nor are they let to know. They became dependant on their employers for all their need mostly in domestic sectors. Live-in child domestic workers grow up in an environment without parental affection. Many of whom suffer from development and psychological disorders. Child domestic workers are worse off and girls are most vulnerable to psychological, physical and sexual abuse. Many are beaten sometimes to the point of death. Child domestic workers are hidden behind the closed doors of the houses, in which they work, remaining unseen and unheard. Uprooted from their familiar environment and planted in a totally alien surrounding, Child Domestic Workers have no one with whom they can share their feelings, talk to and socialize. Verbal abuse demeans them and greatly lowers their sense of self-worth. Most of the times, they are not given any kind of facilities or protective gears at dangerous places. As they are child, they get easily dominated and thus cant raise their voice for any unjust treatment or cant demand anything.

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Like these points, there are many describing the adverse conditions of working of these children and the sorrowful conditions of their physical and mental health. All these conditions have an adverse impact on their lives which continue to have a haunting effect throughout their lives.

3. Causes of Child Labour

It is often assumed that the nature and extent of poverty in a country determine the number of its child labour. Studies that have been undertaken in various countries around the world, particularly those that are relatively underdeveloped economically, do show that child labour and poverty are intimately linked. However, it is also clear that the specific circumstances of child labour are influenced by many other factors. No single cause can be isolated for the prevalence of child labour. It is a combination of several factors. It is inherent in the cycle of poverty, unemployment, underemployment and low wages caused by inequitable distribution of resources and economic policies. But no cause can justify the existence of child labour. The cost of child labour cannot be overstated. There is a complete loss of their invaluable childhood. There is an impairment of both physical and psychological health at a critical stage of life, often with permanent consequences. There is also the permanent damage to social development of child. Lack of education condemns them to the worst employment prospects as adults and pushes them into the army of low wage earners. The causes that lead to child labour are:12 Poverty Parental illetracy and ignorance Tradition of making children learn the family skills Absence of universal compulsory primary education Non-availability of and non-accessibility to schools Irrelevant and non-attractive school curriculum Social and cultural environment Informalization of production Employers preference to children for their cheap labour and inability to organize against exploitation

12

Helen Sekar, Ensuring Their Childhood, V.V. Giri National Labour Institute, New Delhi, 2001.

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Family work Level of technology Apathy of trade unions Ineffective enforcement of the legal provisions pertaining to child labour Child labour often creates a vicious circle of poverty, as a child coming from an impoverished family surviving harsh conditions becomes an unskilled, debilitated adult who is not employed even in the industry that exploited him/her earlier. Furthermore, child labour receives a low, negligible income and often no wages at all. They have no rights as workers and may not join trade unions. Child labour also depresses adult labour and keeps adults unemployed.13 Causes of domestic child labour Many Indian families send their children to work, with some living away from home. Reasons are often associated with poverty, keeping up with the large-size family subsistence and inadequate public education infrastructure. Families generally are also unable to afford their childrens education.14 Families will have to go without their children's income for several years, a choice many poor parents will be unable to make without help. -BBC news.15 Attending school means forgoing a source of income for the family. This is a common problem, especially in the low caste and minorities of India. The demand for child labour further aggravates the situation. Many manufacturing firms and sweatshops are strategically located at poverty-stricken areas to attract children to work as labourers. One example is the textile factories in Delhi where clothes for the International brand GAP were manufactured. In 2010 Master ABHILASH rescued many children in Andhra Pradesh. With profit maximizing objectives, firms are incentivised to employ children rather than adults due to their cheaper wages, higher efficiency and most importantly, absence of union problems.16 Child Domestic Workers are popular with employers because they are docile, they can be manipulated according to the needs of employers, they can be paid less, and they are less troublesome because of being unaware of and unable to demand their rights.
13 14

Vikas Adhayayan Kendra, Facts Against Myths, Vol.III, 8, 1996, pg.2. "Causes of Child Labour" www.childlabor.in. http://www.childlabor.in/causes-of-child-labour.htm. 15 "ILO: 'Child labour prevents development'" BBC NEWS.http://news.bbc.co.uk/2/hi/business/3451117.stm. 16 "Indian 'slave' children found making low-cost clothes destined for Gap". The Guardian. http://www.guardian.co.uk/world/2007/oct/28/ethicalbusiness.retail.

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4. Consequences of Child Labour
In child labour, the children involved in it have social, economic and educational disadvantages. Scavenging through children is that kind of child labour which is undertaken in filthy and deplorable conditions. In this practice, parents or guardians use their children for economic gains. These children are innocent, vulnerable, and dependent on their elders. They are without any voice or any association for their basic rights. They are generally underfed, underpaid, overworked and exposed to hazardous environment and extreme weather conditions which are constant threats to their life, health and growth. They are also victims of social dislike and hate and are suspected by the people. Consequently they become an excluded community with frustrations and inferiority complex. They do not have opportunities of schooling, playing and recreational activities which are imperative for their proper growth and up-bringing, therefore, they are likely to have a bleak future. As a matter of fact, a sizeable population of children is involved in this profession, particularly in cities. In the profession of scavenging through children, various violations of their rights take place. None of the government departments has taken seriously to redress this practice. A conceptual framework of the Rights of Children is designed from the United Nations Charter, Declaration of Human Rights, Covenants of Human Rights and Convention on the Rights of the Child (CRC) to assess the violations of rights of the child scavengers. A growing phenomenon is using children as domestic workers in urban areas. The conditions in which children work is completely unregulated and they are often made to work without food, and very low wages, resembling situations of slavery. There are cases of physical, sexual and emotional abuse of child domestic workers. The argument for domestic work is often that families have placed their children in these homes for care and employment. There has been a recent notification by the Ministry of Labour making child domestic work as well as employment of children in Dhabas, Tea Stalls and Restaurants "hazardous" occupations. Also, another point of view is that in general, the overall contribution of child labour in developing countries is so substantial that whether it would harm the economy is still under continuous debate. The presence of a large number of child labourers is regarded as a serious issue in terms of economic welfare. It is evident from India ranking at lowest quarter (122th) in World HDI (Human Development Index) rankings; in spite of

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its rapid economic growth. India compares very poorly against countries with high level of human development on all indicators such as life expectancy, education and per capita income. Bonded or not, when children are working, they are put apart from the necessary education. Moreover, large number of low-paid Child labourers lowers Indias per capita income. Their hazardous working condition lowers Indias welfare level too.17 Furthermore, high illiteracy rate puts long-term economic growth at risk. Some suggest that child labour is necessary to some extent, as child labour takes large proportion of Economically Active population in the developing countries. When the state of Andhra Pradesh reduced the number of child labourers by close to 300,000.18 simultaneously it also saw the sharp decline in the state revenue, which emphasized the importance of child labour to the Indian economy. At the end of the day, short run numerical GDP growth alone cannot determine overall GDP growth, when indicators like literacy level and health care should be taken into consideration too. To keep an economy prospering, a vital criterion is to have an educated workforce equipped with relevant skills for the needs of the industries. The young labourers today will be part of Indias human capital tomorrow. Child labour undoubtedly results in a trade-off with human capital accumulation. According to the International Labour Organization (ILO), there are tremendous economic benefits for developing nations by sending children to school instead of work. Without education, children do not gain the necessary skills such as English literacy and technical aptitude that will increase their productivity to enable them to secure higher-skilled jobs in future with higher wages that will lift them out of poverty.

17 18

"Indias Cheap Commodity". http://news.bbc.co.uk/2/hi/5059106.stm. "National Child Labour project". Ministry of Labour and Employment, Government of India. http://labour.nic.in/cwl/ChildLabour.htm.

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LEGAL PROVISIONS RELATED TO CHILD LABOUR

1. International concern: Laws made by UNO

Two UN agencies have directed their attention to the prevention of child labour worldwide: the United Nations Children's Fund (UNICEF) and the International Labour Organization (ILO). They have helped define the problems and develop international legal frameworks to correct them. As a result of their work, we now have several international treaties (or conventions), banning child labour and identifying concrete measures for Governments to take. Once a country ratifies a convention, UN bodies monitor compliance and hold countries accountable for violations. 1919: The first ILO child labour convention, the Minimum Age (Industry) Convention (No. 5), adopted within months of the creation of the International Labour Organization, prohibited the work of children under the age of 14 in industrial establishments. 1930: The ILO Forced Labour Convention (No. 29) protected children from forced or compulsory labour, such as victims of trafficking, children in bondage, and those exploited by prostitution and pornography. 1966: The International Covenant on Civil and Political Rights, reemphasizing issues of slavery and forced or compulsory labour, was adopted by the General Assembly, along with the International Covenant on Economic, Social and Cultural Rights calling for the protection of young people from economic exploitation and work hazardous to their development. 1973: The key instrument of the ILO was adopted: Convention No. 138 on the minimum age for admission to employment (15 or the age reached on completion of compulsory schooling). 1989: The UN adopted the Convention on the Rights of the Child, specifying the right of the child to be protected from economic exploitation and hazardous work, and the refraining of States from recruiting any person under 15 into the armed forces. 1999: ILO unanimously adopted the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour Convention (No. 182). It called for States to prevent the most damaging child exploitation practices or the worst forms that currently exist.

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2. International provisions binding on India
The UN Convention on the rights of the child (UNCRC) is the first and most comprehensive instrument on childrens right. It was unanimously adopted on 20th Nov, 1989 and was ratified by India in 1992. This implies that India has accepted the legal obligation of bringing its existing laws, policies and programmes in line with international standards laid down by the convention. It provides the following guidelines for examining the implementation of the convention The Best Interest of the Child [Article 3(I)]. The Right to Life, Survival and Development which includes Social Security and Right to Leisure, Recreation and Cultural Activities (Article 6). Respect for the Views of the Child (Article 12). Article 32 of this Convention states that Parties should recognise the Rights of The Child to be protected from Economic Exploitation and from performing Hard Work that is likely to be Hazardous or to Interfere with the Childs Education, or to Harmful to the Childs Health or Social Development.

3. Laws in India
For Industrial Labour: Legislation to control and regulate child labour in India has existed for more than 120 yrs. The purpose of child labour laws has been to protect and prohibit the abuse of children. The earliest law that contained any provision to reegulate employment of children in India was the factories act, 1881. Several other enactments that followed , such as the Mines act, 1901, the children 9pledging of labour) act, 1933, the employment of children act, 1938, the plantation Labour act,1951, etc., also contained similar provisions. The acts broadly attempted, inter alia, to restrict the entry of very young children into employment by prescribing a minimum age of employment and limiting the hours of work for children above the minimum age. After Independence, various further acts were passed to prohibit child labour, some of them area) Minimum Wages Act, 1948 This was the first post- independence legislation in this context and thus mainly relates to child labour in rural and semi-urban areas as the society that time was of this kind mainly.

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b) Prohibition of Child Labour in Factories In 1948, the Factories Act was enacted with a view to consolidate and amend the law relating to labour in factories. The Act differentiated between an adolescent, young person and a child and thus described that a child is one who has not attained the age of 15. Employment of a child less than 14 yrs of age is strictly prohibited under the act. A child who has completed his 14th yr is not permittedto work in a factory for more than four and a half hours in any day or during night. Such a child cannot also be employed in two shifts and cannot be allowed to work in more than one fctory on the same day. Punishments are also imposed on parents or guardians if they permit double employment of their children. Also, underthis act, the manager of every factory is required to maintain register of child workers showing the name of the child, the nature of the work, fitness certificate, etc. c) The protective legislations that ensued The constitution of India which was adopted in 1950 in its chapters on Fundamental Rights19 and Directive Principles of state Policy has special provisions for children. These are some more of the legislations in this context:

The Apprentices Act, 1951: A person shall not be qualified for being engaged as an Apprentice . . . unless he is not less than 14 years of age.

Plantation Labour Act, 1951: "Child means a person who has not completed his 14th year." (There is no prohibition of children. A certificate of fitness is necessary for employing a child.)

The Mines Act, 1952: The Act prohibits the employment of a child below 18 years of age for work below ground.

The Merchant Shipping Act, 1958: The Act prohibits Children less than 14 years of age to be engaged or carried to sea work in any capacity in any ship, subject to certain exceptions.

The Motor Transport Workers Act, 1961: The Act prohibits the employment of Children less than 16 years of age in any motor transport undertaking.

19

Article 24, The Constitution of India.

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Socio-legal Impact of Child Labour in Urban Households

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966: The Act prohibits the employment of children less than 14 years of age in any industrial premises manufacturing beedi or cigar.20

CONSTITUTIONAL PROVISIONS 1. ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES ETC. No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment. 2. ARTICLE 39: THE STATE SHALL, IN PARTICULAR, DIRECT ITS POLICY TOWARDS SECURING: That 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. Those 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 against moral and material abandonment. 3. ARTICLE 45: PROVISION FOR FREE AND COMPULSORY EDUCATION FOR CHILDREN. The State shall endeavour to provide, within a period of ten years from the commencement of this constitution, for free and compulsory education for all children until they complete the age of fourteen years. With a view to fulfilling the constitutional mandate, a major programme was launched on 15th August, 1994 for withdrawing children working in hazardous occupations and rehabilitating them through Special Schools. As a follow up, a series of steps have been taken up by the Government. A high powered body, the National Authority for the Elimination of Child Labour (NAECL) was constituted on 26th September, 1994 under the Chairmanship of Labour Minister with a view to formulating policies and programmes for elimination of child labour, monitor the progress of implementation of programmes, projects and schemes for elimination of child labour and
20

http://www.tnchildlabour.tn.gov.in/legal.htm.

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Socio-legal Impact of Child Labour in Urban Households

to coordinate the implementation of child labour related projects of the various sister Ministries of the Government of India (to ensure convergence of services for the benefit of the families of child labour). To give effect to this announcement, 64 area based projects were sanctioned, (in addition to 12 continuing projects) under the existing scheme of NCLP and Sambalpur district is one among them. The Child Labour (Prohibition and Regulation) Act, 1986 seeks to prohibit employment of children below the age of 14 years in 7 occupations and 18 processes listed in the Schedule to the Act and regulate the working conditions of children in other employments. Through a Notification dated 26.05.1993, the working conditions of children have been regulated in all employments which are not prohibited under the Child Labour (Prohibition and Regulation) Act, 1986. The important directives of the Apex Court in this matter are: Survey for identification of working children; Withdrawal of children working in hazardous industries and ensuring their education in appropriate institutions; Contribution @20,000/- per child to be paid by the offending employees of children to a welfare fund to be established for this purpose; Employment to one adult member of the family of the child so withdrawn from work and if that is not possible, a contribution of Rs.5,000/- to the welfare fund to be made by the State Government; Financial assistance to the families of the children so withdrawn to be paid out of the interest earnings on the corpus of Rs.20,000/25,000 deposited in the welfare fund as long as the child is actually sent to school. Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for atleast two hours is ensured. The entire expenditure on education is to be borne by the concerned employer. SCHEME FOR NATIONAL CHILD LABOUR PROJECT The National Child Labour Policy was approved by the Cabinet (Central Ministry) on the 14th August 1987 during the Seventh Plan period. Under the policy, a

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project based Plan of Action was envisaged. Accordingly, nine projects were started in areas of child labour concentration. NATIONAL CHILD LABOUR POLICY 1987. The National Child Labour Policy was formulated with the basic objective of suitably rehabilitating the children withdrawn from employment and to reduce the incidence of child labour in areas where there is a known concentration of child labour. The policy consists of three main ingredients: (a) Lagal Action Plan Emphasis will be laid on strict and effective enforcement of legal provisions relating to child labour under various labour laws. (b) Focusing of general development programmes Utilisation of various ongoing development programmes of other Ministries/Departments for the benefit of child labour wherever possible. (c) Project based plan of Action-Launching of projects for the welfare of working children in areas of high concentration of child labour. Institutional Framework For Monitoring And Implementation: A project level society is required to be constituted for each project to supervise the programme with the District Magistrate/Collector of the concerned district as its Chairman and other members comprising representatives of Departments concerned with programmes of non-formal education, vocational training, health etc. and suitable voluntary organization as required. The execution of the project is entrusted to a Project Director who is assisted by field officers or social workers and other support staff. The society is a registered body and has a distinct legal status. The other staffs including teachers are engaged either by the voluntary agency or by the Project Society. Project proposal: On the basis of the findings in the preliminary survey, the detailed project proposals may be drawn up and forwarded by the State Government indicating clearly the programme activities and time targets as relatable to the main objective of elimination/reduction of child labour in the area. Linking up and integration with the

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Socio-legal Impact of Child Labour in Urban Households

existing development programmes would require to be specifically mentioned. Each Child Labour Project Society is proposed to be funded specifically for raising of public awareness as indicated in Annex. IV. The staff requirement and financial implications of all the programme activities would need to be clearly spelt out. The agencies proposed to be involved in the implementation of programmes along with their specific responsibilities will have to be identified. Enforcement: In view of the fact that the very incidence of child labour in prohibited employments implies certain laxity and substantial ineffectiveness of the legislative provisions for the protection of child labour in various laws, stepping up of their enforcement would be an essential component of the project activities. Special responsibility is envisaged to be cast on the labour enforcement staff available in the project area. In case additional complement of enforcement staff is required to be included in the project, it would be possible to sanction it, for a limited period and with specifically laid down targets. Project Implementation: The entire project is required to be implemented through a registered society. The project society is required to be constituted under the Chairmanship of the administrative head of the area who may be either the Collector of the district or, in case the project is spread over more than one district, the Divisional Commissioner or other appropriate authority. Members of the society may be drawn from concerned Government departments and representatives of Panchayati Raj Institutions and NGOs etc. OPERATIONALISATION OF CHILD LABOUR PROJECTS: In terms of operationalisation of the projects, the main objective of the National Child Labour Project is to withdraw children working in hazardous occupations and rehabilitate them through their education in the special schools, where they are provided non formal education, vocational training, stipend, nutrition, etc. The children in the special schools are taught through a non-formal mode with a condensed syllabus for a maximum period of 3 years. After 3 years of special school education, the children are expected to reach a level of 5th standard. The children are also imparted age appropriate craft and prevocational training. After completion of the special school education children are

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Socio-legal Impact of Child Labour in Urban Households

expected to join formal stream of education in 6th standard. Some children are also capable of being mainstreamed before the completion of 3 years of special school education. Since this is cost effective, this process of mainstreaming should be encouraged. Children of special schools who cannot be mainstreamed to formal stream of education should be encouraged to take up vocation of their choice after completion of their special school education. The target group comprises of children working in hazardous occupations who have not completed 14 years of age. Administrative set up: The child labour project has a specific time frame and it will not continue indefinitely. The teaching volunteers for the special schools and other staff of the project society is engaged with the clear understanding/agreement that they will be paid a consolidated honorarium for their services which are more or less voluntary in nature. No regular scale of pay should be prescribed for any of the project staff. Stipend: Stipend is not paid in cash to the students or the parents. Instead, an account has been opened in the post office/commercial or cooperative bank in the name of the student and his guardian. The stipend is deposited in the account every month. The District Collector and Project Director ensure speedy opening of accounts in the village post office. CONVERGENCE OF SERVICES Poverty being the most important contributing factor of child labour, it is necessary to effect convergence of the various development programmes under implementation at the district level for the benefit of the working children and their parents. The basic idea underlying convergence is pooling of resources from a variety of sources and integrating them imaginatively and skillfully to achieve the desired results. Convergence becomes more meaningful in a situation of scarcity of resources, large magnitude of the problem and limited time frame. It is well known that while Ministry of Labour is concerned with the problem of working children, but there are departments like, Women and Child Development, Education, Rural areas and Employment, Urban Poverty Alleviation, Health and Family Welfare, Welfare, etc. which have separate programmes for promoting well being of children. The magnitude of the problem of child labour being large, there is scope for pooling resources from other sources like the Ministries/Departments indicated above and dovetailing them with the resources available with Ministry Of Labour to produce optimal results.

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Socio-legal Impact of Child Labour in Urban Households

Ministry of Rural Development, Government of India has already issued circulars for coverage of the parents of children under the existing poverty alleviation and employment generation schemes. The Project Directors should continuously monitor the coverage of the parents of the children under various poverty alleviation and employment generation schemes. This issue should be regularly discussed in the meeting for review of the progress in the implementation of the project. ROLE OF STATE GOVERNMENT Child labour is a subject on which both the Central Government and State Governments have joint responsibility. Child Labour Elimination Programme is, therefore, a national programme which must be supported both by Central and the State Governments by enlisting the involvement of different Ministries/Departments at the Central and the State Government level as also Non-Governmental Organisations. For facilitating the overall monitoring, supervision and coordination, Ministry of Labour at the Government of India and the Departments of Labour (or any other designated department) at the level of State Government will be the nodal agencies. Effective Operationalisation Of Child Labour Projects: Timely and effective operationalisation of the Child Labour Projects is the ultimate test of success of the project. Timeless in responding to various needs of the project, strict adherence to the time schedule and calendar of activities in respect of survey, awareness generation and commissioning of special schools, rigorous monitoring of the pace and progress of implementation of various components and sub components of the project, instant application of correctives to remove deficiencies and infirmities and evaluation (both content, process and summative) of the outcome of the project and application of the findings of the evaluation as a tool of correction for qualitative change can help in achieving the desired objective of the project. ROLE OF N.G.Os. NGOs are not contractors of Government; they are not competitors of Government nor are they substitutes of Government action. We solicit the involvement, cooperation and support of NGOs as Government does not have the outreach to every place and as Government cannot assume everything on its shoulders in terms of social action. In regard to involvement of NGOs in any particular area of work, it would depend

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on their attitude, approach, professional experience and expertise etc. We, therefore, need specific NGOs for specific area(s) of social action depending on their traits, attributes and characteristics. In other words, a highly selective approach is what is needed and not an approach which will open flood gates of social action to NGOs regardless of their sincere desire, interest and willingness to work for elimination of child labour. For Domestic Labour: In India, there are wide range of laws that guarantee children their rights and entitlements. The founding fathers of our constitution therefore, have emphasised the important role of the children and their need for development. Thus, they are protected by the fundamental rights and directive principles of state policy. Some of the Rights areRight to Life and Liberty, Right Against Exploitation, Right to Free and Compulsory Education for All Age Group of 6-14 Years, Right to be protected from Being Abused and Forced by Economic Necessity to enter Occupations unsuited for their Age. These Rights that are enshrined in the constitution of India are embodied into certain specific legislations for the protection of children. They areThe Child Labour (Prohibition & Regulation Act), 1986: This legislation expressly prohibits employment of children below the age of 14 years as Domestic servants/ Workers, and terms such employment as hazardous will effect from 10th oct, 2006. Punishmet prescribed for such employers is imprisonment for the period of 30 days to 1 year, with or without fine from rs. 10,000 to 20,000. This amount which the authorities take as fine is fixed deposited in the childs name and can be used only after he attains 18 yrs of age. Children (Pledging of Labour) Act, 1933: The act calls for penalties to be levied against any parent, middlemen or employer in making or executing a pledge of a childs labour. Such a pledge is defined as an agreement written or oral, express or implied, up to one thousand rupees whereby the parent or guardian of a child , in return for any payment or benefit received by him, undertakes to cause or allow the services of the child to be utilizes in any employment.

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Socio-legal Impact of Child Labour in Urban Households

The Bonded Labour System (Abolition) Act, 1976: This legislation abolishes the system of bonded labour and also, extinguishes the existing liabilities. Also, all the liabilities under the existing system of bonded labour are extinguished. Anyone employing bonded labour can be charged with imprisonment of three yrs and/or fine of Rs. 2000. Indian Penal Code, 1860: Though no offence against children is defined exclusively in the code, it nonetheless guarantees protection and criminal action against the crimes of Hurt or Grievous Hurt, Wrongful Restraint, Wrongful Confinement, Unlawful Compulsory Labour. As regards the sexual abuse of children, the Supreme court, in the PIL matter of Sakshi v UOI21, asked the Law Commission to consider the feasibility of amendment of Sections 375 and 376 of IPC. Right of Children to Free and compulsory Education Act, 2009: As a sequel to the Constitution (86th amendment) Act, 2002 which inserted Article 21A in the constitution to provide for free and compulsory education for all children in the age group of 6 to 14 yrs as a fundamental right, the central government has, after a gap of 7 yrs, enacted the Right of Children to Free and Compulsory Education act, 2009. It is considered to be an antidote to child labour since the child cannot be at school and at work at the same time.

21

(1999) 8 SCC 591.

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Socio-legal Impact of Child Labour in Urban Households

LACUNAE IN LAW The Indian constitution categorically states that child labour is a wrong practice, and standards should be set by law to eliminate it. The child labour act of 1986 implemented by the government of India makes child labour illegal in many regions and sets the minimum age of employment at fourteen years. There are many loop holes in this law in terms of affectivity. First is that it does not make child labour completely illegal and does not meet the guidelines set by ILO concerning the minimum age for employment, which is fifteen years. Moreover the policies which are set to reduce incidences of child labour are difficult to implement and enforce. The government and other agencies responsible for the enforcement of these laws are not doing their job. Without proper enforcement all policies and laws concerning child labour prove useless. Moreover certain sectors like agriculture and domestic work are not included in the exemption of child labour. In some countries very strict child labour laws exist but the offices and departments responsible for implementing them are underfunded and under staffed. The judicial machinery and courts are also found to be faltering and faulting where proper enforcement of such laws is concerned. Many state governments are feisty in allocating resources to enforce child labour laws. Indeed laws become unpractical and redundant in the face of necessity. Poor children and their family members depend so much on little ones to provide the basic necessities of life in the impoverished areas that it becomes impossible for them to adhere to any laws and regulations regarding child labour. We must also remember, that about one fifth of the worlds six billion humans live in absolute poverty. In the enforcement of law, there arises many complications, sometimes and thus the benefit of these laws not actually reaches to the victims. There are many problems in implementation of the laws; some of these are pointed out here One reason can be the perceptions of law makers as embodied in the law being at variance with the prevailing practice in the society and with the perceptions of public at large. Other can be physical and logical difficulties like loopholes in the Child labour act itself which easily allow employers to escape the application of law easily. First, while the Act applies generally to all workshops which make use of child labour

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Socio-legal Impact of Child Labour in Urban Households

in prohibited processes, it exempts those workshops wherein any process is carried on by the occupier with the aid of his family... and in government run schools or training programmes..22 thus, the exceptions provided in the law, eat up the law itself. Because of this exemption it becomes very difficult for the law enforcement authorities to prosecute an employer for violating the Act.23 Another major loophole in the Child Labour Act is the requirement of proving that the child is below 14yrs of age. Again, the burden lies on the enforcement officers. For proving that, department has to get the child medical examined and all these requires commitment, time, money and effort, and even so are not always successful since employers are known to bribe the medical authorities.24 Non-sensitization of the evil effects of child labour on the employers of children, on the parents of that child labourer and the general public at large, seems to be a major reason for non-enforcement of child labour laws. Also, the web of sub-contracted units makes it difficult for labour inspectors or controlling bodies to check on violations of the existing labour laws. Like these, there are many problems in implementation of these laws. It can be said that in domestic sector, this non-implementation problem is more prevalent than the industrial sector as for industrial sector, the laws formulated are strictly implied and formulated but in domestic sector, laws are vague in terms. Children working in disguised form are not identified by the legislations and come in the ambit of exceptions to them, still causing child labour to survive. Also, theses domestic child labour forms gets support from the society having a myth of providing better conditions of living to the children. In urban areas, now a days, domestic child labour has emerged as the most complex web of child labourers. They are found everywhere but not much notice is given to them, and this has mainly worsened their condition.

22 23

Section 3, Child Labour (Prohibition and Regulation) Act, 1986. Kanchan Mathur and Ruma Ghosh Singh, Glitterless Lives of Jaipurs Little Children A study of child labour in the Gem-Polishing Industry of Jaipur in Ruma Ghosh et al (eds). 24 Human Rights Watch, The Small Hands of Slavery 39 (1996).

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Socio-legal Impact of Child Labour in Urban Households

FIELD WORK The field work for this project mainly comprises of incidents taken from day to day life and thus focuses more on the children working in domestic sectors. 1. First of all, I contacted a teacher of International Public School, Patna, Mrs. Babita Rai, who had brought a child aged 11, named Raju some days back to live with her and help in her household chores. The extract of the conversation is presented here. On asking her, at how did she got to knew about the boy, and how did he agreed to come with her, she said that, he belongs to the nearby village of her maternal village in Bhagalpur district of Patna and one person who said that he is Mama of that boy wanted to send him to the city as he was unable to take good care of him. He asked her to take him with her and in return, he would do help in household works. It was surprisingly found out that, that boy was well versed with all the daily works one needed to do in a house like cleaning etc. That person had asked for some money, around 2000 per year in name of that boy and said that he would personally come to take the money. On asking her, whether she knows that her act is illegal and for this she can be punished or fined, she blatantly said that everywhere she will present him as one of the family member. She further said in order to support her act, that if she wouldnt have been the one, anyone else would have taken the boy or else he would have been left on street to survive on his own. Thus, she is providing a good place for him to sustain his life. On asking her, about the health status of the boy and about what are the things, she provides him, she presented a nice picture and it appeared sufficing true on further probation. She had also enrolled his name in a primary school located nearby. On asking her about her views about this form of child labour, she supported her act and said that atleast this is something good than begging or doing heavy industrial works. She said that this atleast provides a good place for them to live and also gives them opportunity to learn something. I asked her to let me talk to the boy, on some request she let me too. Here is the conversation with that boy in consized form-

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Firstly I asked him about his name and his family back at village. He told me that his name was Rajeev but people generally call him Raju. In his family, he had three sisters and an old mother only. All of her sisters used to help mother by serving as domestic servers at their home place. I asked him about that person who sold him and he said that he was not his relative and was just an acquaintance. Also, about asking him his education, he said that he knows counting and can read Hindi well. I asked him whether he is happy in his new home, he said that everything is fine but he misses his family a lot and wants to meet them but his aunty (the employer) doesnt allow him. Also, he is not permitted generally to meet any outsider, or talk to any other children. On asking him about his work in the house, he said that he do the entire cleaning task, and some cooking too. Also, he drops Baba (son of employer) to school and goes to pick him daily. 2. Then secondly, I talked to a girl, named Kajal, aged 12, who works in houses and lives in the slum area of Mithapur, under the bridge. Her mother used to work in my house earlier and through her I got the chance to meet her. The extracts of the conversation isFirst of all I asked her about her well-being, and her studies. She said that she left the school after std.II and now a days works in the nearby households. On asking about her earnings, she said that she works in 5 houses doing similar kind of works, and earns thus around Rs. 2500-3000 per month. She said that sometimes, on certain occasions, her masters give her old clothes or some extra money too. On asking her, why she do this work, she sadly said that her father told her to do so. On that, I asked her about him, and then she said that now a days, he is idle and sometimes he chances to get some work at construction areas. I asked her about the rest of the family members, she said, that her elder brother, aged 15, works temporarily at the construction sites as labourer. I asked her whether her masters have ever misbehaved with her, she reluctantly said that whenever she does any mistake, they scold her severely and once, when she broke a beautiful vase, one of her employer whom she called aunty ji beated her too. She refused to tell me her name. 3. Then I went to a roadside hotel named Prachi Restaurant which comes on the highway connecting Patna to Munger. There 3 children were working as waiters and 2

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were working inside the kitchen. I talked to one of them named Baidya around the age of 10 who took my order. The extract of conversation isFirst of all, I asked him about his name and from which place he belonged. He said that he belonged to a small village near M.P. border. On further asking, he said that his father is a farmer on daily wages there and he has 6 sisters in his home, 2 of them works in other hotels like this on the highway. On asking him more about his studies that he had studied till class 3 and have basic knowledge of writing and reading hindi in his village school. On asking him about his wages and the time duration of his work, he initially remained silent but then said that he earns 300 per month along with daily lunch and dinner which the hotel owner provides him and works the whole day. On asking about the food he gets to eat, he said that it is bad as the master says that good food is for customers. I asked him whether his master have ever beaten him or scolds him, he kept mum and hi eyes became misty. Lastly, he said by himself that his master has seen him chatting with me and would scold him for this as he is not allowed to talk to the customers and were strictly instructed by the master to work silently on their own. He hurriedly ran away after seeing his master coming.

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CONCLUSION There is no doubt a growing concern over the issue of child labour among the policy makers, civil society and academics; who in the Indian contexts are held principally from the upper castes. Due to their upper caste back ground the wish to eliminate the institution of child labour is not coming out from their core of the heart. So far as the effort from among the dalit is concerned it is becoming an upper class phenomena lack of whole hearted efforts.

Attitude towards child labour by Indians instead of being sympathetic it is sarcastic. The way we think it as heinous is totally opposite in the case of user of the child labour. Most of the middle class of urban areas who employ these children as domestic helpers, many a times argue that they are helping the child who is in need. Banning the child labour had made little since as we have seen from the data; this is because the enforcing mechanism belongs to the demander of child labour. This ban will also have the same result. Second, existing poverty is deep rooted in the age old exploitative caste institution; unless it is hammered, this kind of measure will be short lived. Caste discrimination in the school is one of the reasons behind the growing drop out among the dalits. Unless school environment is changed, putting the children back to school will be not of much use. It is infect non-attractiveness of schools is one of the reason for drop outs which forced the parents to employ them in the field especially in the agrarian sector. Poor infrastructure, punishing and discriminating and above all aboring school environment is the result of growing child labour? Second growing children amidst poverty due to lack of knowledge of Family planning has resulted in more number of children and hence more children labour. In order to eliminate the child labour and protect the right of the child, leadership in the form of policy makers, academics, media and civil society has to evolve from among the dalits, as child labour are none other than Dalit Children themselves.

Suggestions and recommendations There is no database regarding the children and child labour on the basis of social groups. There should be enumeration regarding the caste back ground of the children on work .This will help us to understand the issue of child labour in a more meaningful way.

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According to ILO, the following suggestions were madeAccording to the ILO, national strategies to address child labour issues should, at minimum, encompass the following five elements: 1. National plan of action: Single action or isolated measures against child labour will not have a lasting impact. Actions must be part of an overall national plan. 2. Research: To develop effective national (and international) policies and programmes, extensive research must be undertaken to determine the state of child labour. 3. Awareness: Child labour is often viewed as an unavoidable consequence of poverty. Without greater awareness about the extent and exploitative nature of child labour, the conditions for change will not occur. 4. Broad social alliance: Government action against child labour often ends with making laws. Initiatives against child labour traditionally come from non-governmental organizations that have limited resources. Both need to work together. Other segments of civil society the media, educators, artists and parliamentarians should also be enlisted in the fight. 5. Institutional capacity: To formulate and execute a national policy, an institutional mechanism (such as a ministry or a department) within the Government must be created to monitor enforcement. Also, the following suggestions can be made Attempts have to be made to include working children, irrespective of the nature of their work, under the purview of the Juvenile Justice act, 2000 and amendments have to be made accordingly. Definition of hazardous in the CLPR act should be wide enough to include all forms of child labour, including the home based work done by these children. Mass mobilization activities must be held; more common people should be drawn into these activities to spread awareness. The enforcement machinery must be geared up to ensure effective enforcement of the Child Labour Act and take effective steps to prosecute those who violate the law.

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BIBLIOGRAPHY
Websites referred: http://www.tnchildlabour.tn.gov.in/legal.htm. http://rajdeepandjoyeeta.com/child-labour-regulation-and-prohibition-act1986.html. http://en.wikipedia.org/wiki/Child_labour. http://www.labour.nic.in/cwl/ChildLabour.htm. http://www.tnchildlabour.tn.gov.in/prohibition.htm. http://www.scribd.com/doc/40470109/Child-Labor-in-India. http://labour.kar.nic.in/labour/childlabour-1986.htm. http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf.

Books referred: Child Labour & Human Rights Making Children Matter, Edited By Burns H. Weston Child Rights in India Law, Policy and Practice by Asha Bajpai, 2nd Edition. Law and Child, Edited by Dr. Nirmal Kanti Chakraborty, R. Cambray and Co. Pvt. Ltd. Child Labour A Public Health Perspective, Edited by Anaclaudia G. Fassa, David L. Parker and Thomas J. Scanlon, Oxford Publication.

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