Author: Simran Shirvoikar, KLE’s society law college, bangalore
Abstract
There are different stages that are present in human development. One of the most important and impressionable stages of humans is childhood and this is the stage which shows potential for future development in our society. Child labor in India will be considered as one of the most discussed issues which is affecting millions of children of India and also lead to significant barriers to their education and overall development. Children are considered as the greatest gift of human society and if they are brought up in a healthy environment they become more responsible and productive members of our society. Childrens of every nation are considered as their nation’s future and how strong they grow their childrens in the society that much better strong the society will be builded up in future. As our constitution provides citizens with many rights and as even children are citizens of our nation hence they are also provided with rights and hence every child has the right to live a decent life and is entitled to all basic human rights. A child’s physical, mental, and social well-being largely depends upon their family. Both family and school are important institutions that significantly contribute to a child’s overall development. Children are those human beings in our society which provide joy, happiness and hope wherever they go. Child labour is considered as one of the major problem in our society.
Introduction
Child labor is considered as a significant issue in India even after a long of debate and even after finding so many solution over child labour and after putting decades of efforts to solve this problem still there would be come loophole that would be present in this issue. This complex problem is rooted in India because of certain factors such as poverty, lack of education, and inadequate enforcement of existing laws and in order to solve this issue majorly we have to look at the nature of child labor in India and also we are required to examining its causes, effects, and the measures that can be taken to address it. Child labor refers to the exploitation that is made with children by providing them with any form of work that takes them away from their childhood, potential, and dignity. Children working at such a tender age are harmful to their physical and mental development. In India, child labor is a pervasive issue which is affecting millions of children, despite the country’s legal frameworks and policies designed to combat it. If any child is made to work or is engage is any task at this early age, we are reducing their present welfare because the environment in which they are working might cause harm to them and it also reduces their future earning capacity this can be either done by shrinking future choices that can be received by the child at any point of time period or by reducing their future proactive capacity.it is always stated that due to economic problem children are made to work and they are exploited when they are performing their work as they are children a lot of work is given to them but they are underpaid.
Definition of Child labour
The concept of child labour is a global phenomena which is not just restricted to india rather it is spread all over the world. The basic understanding of the term child labour is basically any child who is employed in manual or any kind of work but there are certain works that are excluded like that child working for his own family work that wont be considered as child labour. According to the child labour (prohibition and regulation) act, 1986 the term child is defined as any person who has not attained the age of 14 years would be considered as a child. In this tender age when the children should enjoy their childhood, seek education, gain values from elders, where they have to fully live their life at that time they are being forced to work and earn their living on their own. This complete work pressure which is experienced by childrens it basically harms their mental as well as physical health and development and with this they also experience the burden of responsibility at a very tender age. Few of the major reasons that are frequently observed because of which children are made to work are lack of financial support, lack of basic needs like food, shelter, clothing and livelihood and major this child labour being is observed in those families in which they don’t have anyone to earn.
United Nations Children Fund (UNICEF) they have given a different definition with regard to child labour, a child would be considered as a child labour when
Children who perform any work who are between the age of 5 years to 11 years
Children who perform at least one hour of economic activity or he or she is doing at least 28 hours of domestic work in a week.
Children who are between the age of 12 to 14 years if they are doing at least 14 hours of economic activity or at least 42 hours of domestic work per week
In all this situation that children who is working would be considered as a child labour.
Forms of child labour
There are various forms of child labor that can be observed in India which range from hazardous occupations to informal and unregulated work sectors.
Agriculture: A major proportion of children work as child laborers or are employed in agriculture, where they work for long hours under harsh conditions, often handling hazardous tools and chemicals and even after doing most of the agricultural work such as weeding, planting trees, sowing seeds etc, they are paid less.
Industries and Factories: Children are forcefully made to work in industries because they have small hands which can operate the machines easily and can be reached in any space and as they are minor they would be given with less money so this becomes advantageous to the contractor who makes them work in industries, more work with less pay. Childrens basically work in the industries such as textiles, mining, and fireworks, often performing dangerous tasks without proper safety measures.
Domestic Work: Many children, especially girls, are forced to work at peoples’ households. They are employed as domestic workers, where they are vulnerable to exploitation and are abused by the people for whom they work. As these people work as domestic workers there is a lot of discrimination that is being faced by them and also they are illtreated.
Street Work: children are often forced to make themself engage in begging, vending, and rag-picking which basically exposes them to harsh environments and criminal activities.
Bonded Labor: Despite through law it is illegal to keep bonded labor but bonded labor still persists in India, where children work to pay off family debts that were taken by their parents or grandparents and they often face inhumane conditions.
Causes
Child labor is mainly caused by poverty, parents’ lack of education, and the family’s social and economic conditions. This problem is made worse because of a lack of awareness about the harmful effects of child labor and limited access to basic and quality education that is given to them. Cultural values and the environment of the society where children live also contribute to the increase in child labor.Children who drop out of school due to family debts or who are expelled are more likely to end up working as child laborers. Girls are considered as a disadvantaged group and are at a higher risk of being forced into child labor. In India there are certain causes that leads to child labour:
Poverty
The primary cause of child labor in India is poverty. Many families rely on the income generated by their children to meet their basic needs because sometimes the situation is such that there is none to take care of. In rural areas, children often work in agriculture, while in urban areas, they may be employed in informal sectors such as domestic work or small-scale industries.
Bonded laborers
When their family members take certain loans and as they are not being paid the complete family following their next generation work for that person so that the amount can be paid off.
Previous Debts
Due to the poor economic condition people take loans from others and as they dont have that much sufficient amount to pay back the loan so they work for every hard day and night to pay the loan
Domestic help
Small children often work for several families wherein these children take care of their house as well as their children.
Lack of education
Access to quality education remains a challenge in many parts of India. The absence of schools, inadequate infrastructure, and financial constraints prevent children from attending school, pushing them into the workforce.
Migration
Seasonal migration for work is common in India. Families moving in search of employment often take their children with them, leading to interrupted education and increased likelihood of child labor.
Legal Framework and Government Initiatives
India has brought out several laws and policies to solve the problem faced by child labor which reflect its commitment to international conventions and national objectives. India has established a comprehensive legal framework and is focusing on prevention, prohibition, and rehabilitation.
The Child Labour (Prohibition and Regulation) Act, 1986: This Act prohibits the employment of children in hazardous occupations and regulates working conditions in other sectors. It has been amended to expand the list of prohibited occupations and increase penalties for violations and amendment was made in 2016 which prohibits the employment of children under 14 years in any occupation and regulates work conditions for adolescents aged 14 to 18.
The Right of Children to Free and Compulsory Education Act, 2009: This Act mandates free and compulsory education to all children who are between 6 to 14 years, aiming to reduce child labor by encouraging school enrollment.
The Juvenile Justice (Care and Protection of Children) Act, 2015: This law provides a framework for the care and protection of children, including those involved in labor, and outlines rehabilitation measures.
National Policy on Child Labour, 1987: The policy focuses on the rehabilitation of child laborers and the provision of educational opportunities, as well as the elimination of hazardous child labor.
Integrated Child Protection Scheme (ICPS): The ICPS is a comprehensive program designed to protect children from abuse, exploitation, and neglect, including those involved in labor.
Impact of Child Labor
The impact of child labor on children and society is profound and long-lasting.
Health and Safety: Child laborers are often exposed to hazardous conditions that lead to serious risks to their physical health, including injuries, respiratory problems, and chronic illnesses.
Education: Child labor deprives children of their right to education, limiting their future opportunities and perpetuating the cycle of poverty.
Psychological Effects: The harsh conditions and exploitation faced by children can lead to psychological trauma which may affect their mental health and development.
Socioeconomic Consequences: Child labor portrays a poorly educated workforce, who basically suffers with economic growth and development. It also creates social inequalities, as marginalized communities are more likely to engage in child labor.
Solutions
Strengthening Legislative Framework: Existing laws, like the Child Labour (Prohibition and Regulation) Act, need for proper enforcement and to strengthen the law so it can ensure that children are protected, and offenders are punished.
Access to Quality Education: Access to free and quality education must be given to all children of this world. The Right to Education Act should be implemented and enforced effectively and should focus on reducing dropout and increasing school enrollment.
Poverty Alleviation: Tackling the root causes which lead to child labor such acts should be done by the government so that it can provide economic support to families living in poverty, and promote livelihood opportunities for parents.
Awareness and Sensitization: Awareness campaigns should target parents, communities, and employers to highlight the effects that is caused on child labour that may be with regard to physical, mental, and educational development.
Rehabilitation and Social Protection: Develop comprehensive rehabilitation programs for rescued child laborers, including access to education, vocational training, healthcare, and psychological support. Social protection schemes should be established for vulnerable families to prevent children from entering the labor force.
Conclusion
Child labor in India is a persistent challenge that is faced by the Indian government and hence there is a requirement to address its root cause and effect in a comprehensive approach. Despite India getting many significant legal and policy frameworks, there are millions of children who continue to work in hazardous and exploitative conditions and this majorly takes place because of poverty, lack of education, and social norms. Eliminating child labor involves strengthening the enforcement of existing laws and filling up the gaps in legal protections.Improving the access of every child towards quality education is crucial to break the cycle of child labor and now the Government has started these initiatives along with the efforts of NGOs and international organizations. They play a vital role in creating educational opportunities and raising awareness about the rights of children toward their education,livelihood etc. Economic empowerment of families by job creation and social safety this try can also reduce the financial pressures that lead to child labor.
FAQS
What is child labour?
Child labor refers to the exploitation of children through any form of work that deprives them of their childhood, potential, and dignity. It is work that is harmful to their physical and mental development and interferes with their schooling.
Is child labour legal in India?
Child labor is illegal in India under the Child Labour (Prohibition and Regulation) Act, 1986, and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, which prohibits the employment of children below the age of 14 in any occupation or process. The act was amended in 2016 to allow children to work in family businesses or as artists in entertainment.
What is the current status of child labour in India?
While significant progress has been made in reducing child labor, millions of children are still engaged in labor, particularly in informal sectors. Continued efforts are needed to eliminate child labor entirely and ensure all children have access to education and a safe, healthy environment.
