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India’s Response to Child Labour

    Home blog India’s Response to Child Labour
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    India’s Response to Child Labour

    By Sruthakeerthy Sriram | Children | Comments are Closed | 28 April, 2020 | 0
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    Image source: Newindianexpress

    The importance of addressing child labour

    The International Labour Organisation (ILO) refers to child labour as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. In essence, child labour is work that is mentally, physically, socially or morally dangerous and harmful to children, and/or interferes with their schooling.

    A strong link has been evidenced between household poverty and child labour, and child labour, in turn, perpetuates the poverty across generations by depriving children of education and limiting their opportunities for upward social mobility. A high prevalence of child labour has a cost for the economy as a whole by favouring unskilled labour over increased investment in human capital, further affecting opportunities for the expansion of international trade and investments which mostly require skilled workers.

    Thus, any discussion on labour rights is incomplete without taking into consideration the issue of child labour. The perpetuation of child labour results in lowered human capital, which is linked to slow economic growth and social development. Therefore, the elimination of child labour in developing economies through legal and socio-economic measures would generate economic benefits much greater than the costs of investment in such measures.

    India’s efforts to curb child labour

    As per the National Census of 2011, India has around 10.1 million child labourers (aged 5 to 14 years), which is 3.9% of the total population of children in the age group.

    In 1979, the Indian government formed the first committee, the Gurupadaswamy Committee, to comprehensively study child labour and recommend measures to tackle child labour in India. The Committee observed a strong connection between poverty and child labour and held that mere legal measures would not be sufficient to eliminate child labour while poverty continued to prevail.

    Based on the recommendations of the Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. The Act prohibited the employment of children in specified hazardous occupations and regulated the working conditions in other employments. The 1986 Act was amended in 2016 and named the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.

    After the 2016 amendment, India ratified ILO Convention No. 138 on establishing a minimum age for admission to employment and work and Convention No. 182 on eliminating the worst forms of child labour as a priority.

    In line with the legislative measures on child labour, a National Child Labour Policy was formulated in 1987 as part of a multi-pronged approach to gradually eliminate child labour, with initial focus on children engaged in hazardous occupations. The Policy’s Action Plan emphasises strict enforcement of legal provisions of the Act, while also providing for general developmental programmes benefitting the families of children to improve their economic condition. Further, there is project-based action in areas with a high incidence of child labour.

    The Ministry of Labour and Employment has developed an online portal — PENCiL (Platform for Effective Enforcement for No Child Labour) — as a mechanism for enforcement of legal provisions and effective implementation of the National Child Labour Project (NCLP), which seeks to rehabilitate working children at the district level. Complaints of child labour can be registered electronically on the portal to the concerned District Nodal Officers for taking prompt action.

    Indian law on child labour

    Laws regulating and prohibiting child labour are laid down in the Constitution, Acts of Parliament and judicial decisions.

    Constitutional provisions

    • Right to education under Article 21A — The State shall provide free and compulsory education to all children of the age of 6 to 14 years. The right to education under Article 21A took a legislative form in the 2009 Right of Children to Free and Compulsory Education Act.
    • Prohibition of children’s employment under Article 24 — Children below 14 years are strictly prohibited from being employed in any factory/mine or any hazardous employment.
    • Articles 39(e) and 39(f) — The State should try to ensure that children are not forced into unsuitable occupations due to their poor economic situation. Further, children should be given opportunities to develop healthily in free and dignified conditions that protect them from exploitation and abandonment.
    • Article 45 — The State should try to provide early childhood care and education for all children until they complete 6 years of age.
    • Fundamental duty to educate under Article 51A (k) — Parents/guardians have a duty to provide educational opportunities for children between 6 and 14 years.

    The 86th (Constitution Amendment) Act, 2002 was a landmark for child labour as it introduced the right to education. Constitutional provisions impacting child labour under Article 21A, Article 45 and Article 51A are a product of this Amendment.

    Legislative Provisions

    Legislative provision under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 read with the Child Labour (Prohibition and Regulation) Amendment Rules, 2017:

    • Absolutely prohibits the employment of children below 14 years in all occupations (linking the prohibition of employment with children’s right to education until 14 years). A few conditional exemptions are allowed for children helping out their families or working as artists.
    • Prohibits the employment of adolescents (14 to 18 years of age) in certain hazardous occupations and processes including mining, domestic work, handloom industry etc. The list of hazardous occupations is expanded on the recommendation of a Technical Advisory Committee constituted under the Act.
    • Regulates hours and period of work of adolescents, also providing weekly holidays.
    • Penalises employers for employing children/adolescents in contravention of the Act with imprisonment of at least 6 months up to 2 years, or a fine of at least Rs.20,000 up to Rs.50,000.

    Supreme Court Cases

    The 1996 Supreme Court judgement of MC Mehta v. State of Tamil Nadu dealt with the high rate of employment of children in the hazardous match factories of Sivakasi in Tamil Nadu. In the judgement:

    • The government was directed to eliminate child labour, through the conduct of surveys for identification of working children, ensuring the withdrawal of children working in hazardous industries and ensuring their education.
    • Offending employers were directed to pay a contribution of Rs.20,000 per child to a welfare fund to be established for educating the children. When a child was withdrawn from work, the government was asked to either ensure that at least one adult member of the child’s family receives employment, or else contribute Rs.5000 to the fund.
    • Hours of work were regulated such that children in non-hazardous employment do not work for more than six hours per day, and engage in education for at least two hours with the entire educational expenditure to be borne by the concerned employer.

    Citizen involvement to tackle child labour

    Our attempt as concerned citizens working towards eradicating child labour can involve a diverse variety of means:

    • Merely educating ourselves about child labour, its causes and consequences aids in being better informed and vigilant individuals ready to take action against child labour. At the individual level, this includes first scrutinising and eliminating our personal practices that encourage the employment of children.
    • Pushing for more stringent legislation and judicial action against child labour, while monitoring the implementation of current governmental policies on child labour.
    • Boosting children’s enrolment in schools, especially private schools which are mandated under the 2009 Right to Education Act to ensure a minimum of 25% free seats for children belonging to weaker sections and disadvantaged groups.
    • Spreading awareness about child labour and discouraging people from employing children in homes, shops etc. This also involves reporting instances of child labour to the appropriate authorities.
    • Supporting and contributing to NGOs and other organisations working to eradicate child labour.

    As Nelson Mandela so aptly said — “There can be no keener revelation of a society’s soul than the way in which it treats its children.” Child labour is not only a socio-economic but a basic human rights concern that each one of us should strive to eradicate.

    _______________

    Sruthy Sriram is a Research Fellow at Nyaaya. Views are personal.

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    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

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