A Study of Child Labour in India - Magnitude and Challenges: January 2013
A Study of Child Labour in India - Magnitude and Challenges: January 2013
A Study of Child Labour in India - Magnitude and Challenges: January 2013
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Abstract –
Children in Indian society has always been a topic less spoken or discussed. The reasons of
the same can be traced back to the socio-cultural background of the country. In the world
children are taken as the greatest gift to humanity. Childhood is an important stage of human
development as it holds the potential to the future of any society. Children who are brought
up in an environment which is helpful to their intellectual, physical and social development
will go on to be responsible and productive part of the society. Thus every society links its
future to the present status of its children.
Today child has been defined differently by different agencies as per their view and there is a
very large gap and contradiction in these definitions.
This paper attempts to summaries the different meaning to the word child and also give a
brief overview of the magnitude of the issue from an Indian perspective.
An attempt has been made to study the government policy documents and list down the
actions as proposed and implemented by Indian government in the 11th 5 year plan which has
just ended in 2012.
Some suggestions collected by the author, from academicians and also from the policy and
plan documents about the way of eradicating the problems, are summerised in the paper.
In the end the outline of the plan and strategies as identified are also given with author’s
suggestions. The paper identifies that a lot of policy plans have been worked but there is an
urgent need for a social movement for this issue to really get addressed and resolved.
Introduction –
Children in Indian society has always been a topic less spoken or discussed. Children in every
society have always been taken as the greatest gift to humanity. Childhood is an important
stage of human development as it holds the potential to the future development of any
society. Children who are brought up in an environment, which is helpful to their intellectual,
physical and social development go on to be responsible and productive part of the society.
If we are to engage the children in to work when they are too young for the task, we are
unduly reduceing their present welfare or their future income earning capabilities, either by
shrinking their future external choices or by reducing their future individual productive
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capabilities. Generally it is said that due to economic problems children are forced to forego
educational and other development opportunities and take up jobs which mostly exploit them
as they are usually underpaid and engaged in hazardous conditions. Parents send their child
for a job as a desperate measure due to poor economic conditions. It is therefore no wonder
that the poor households represent the largest segment contributor of child labour. One of the
key aspects of child labour is that children are sent to work at the expense of education. There
is a strong effect of child labour on school attendance rates and the length of a child’s work
day is inversely associated with their capacity to attend school. Child labour restricts the right
of children to access and benefit from education and denies the fundamental opportunity to
attend school. Child labour, thus, prejudices children’s education and also adversely affects
their health and safety.
Who is a Child –
International Labour Organization (ILO) states, the term child labour is best defined as work
that deprives children of their childhood, their potential and their dignity, and that is harmful
to their physical and mental development. It refers to work that is mentally, physically,
socially or morally dangerous and harmful to children, or work whose schedule interferes
with their ability to attend regular school, or work that affects in any manner their ability to
focus during school or experience healthy childhood. i
ILO states that child labour may be defined in different ways, and different definition would
yield different estimates of child labour. According to ILO, children or adolescents who
participate in work that does not affect their health and personal development or interfere
with their schooling, is not child labour; rather it may generally be regarded as being
something positive. Such harmless work includes activities such as helping their parents at
home, assisting family or earning pocket money outside school hours and on holidays. Such
kinds of activities may contribute to children’s development by providing them with skills
and experience, and help to prepare them to be productive members of society during their
adult life. ii
UNICEF definition of child labour is different. A child is involved in child labour activities if
between 5 to 11 years of age, he or she did at least one hour of economic activity or at least
28 hours of domestic work in a week, and in case of children between 12 to 14 years of age,
he or she did at least 14 hours of economic activity or at least 42 hours of economic activity
and domestic work per week. UNICEF in another report says, "Children’s work needs to be
seen as happening along a spectrum, one end being destructive or exploitative work and
beneficial work - promoting or enhancing children’s development without interfering with
their schooling, recreation and rest’ being the other end. And between these two end there are
vast areas of work that may or may not negatively affect a child’s development." iii
In India , The Child Labour (Prohibition & Regulation) Act, 1986 has defined the child as
anyone who is “a person who has not completed his fourteenth year of age”
The law further has defined the establishment for employment as, “The “establishment”
includes a shop, commercial establishment, work-shop, farm, residential hotel, restaurant,
eating-house, theatre or other place of public amusement or entertainment”.
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The Child Labour (Prohibition & Regulation) Act, 1986 states that employment in hazardous
industries is prohibited, Such industries are classified into 13 occupations and 57 processes.
In the last 5 years, the number of hazardous processes listed in the schedule of the Act has
increased from 18 to 57 and occupations from 7 to 13.
Also as per Article 24 of the Constitution, no child below the age of 14 years is to be
employed in any factory, mine or any hazardous employment.
Further, Article 39 requires the States to direct its policy towards ensuring that the tender age
of children is not abused and that they are not forced by economic necessity to enter a
vocations unsuited to their age or strength.
Recently, with the insertion of Article 21A, the State has been entrusted with the task of
providing free and compulsory education to all the children in the age group of 6-14 years.
India's Census 2001 office defines child labor as participation of a child in any economically
productive activity with or without compensation, wages or profit. Such participation could
be physical or mental or both. This work includes part-time help or unpaid work on the farm,
family enterprise or in any other economic activity such as cultivation and milk production
for sale or domestic consumption. Indian government classifies child laborers into two
groups: Main workers are those who work 6 months or more per year. And marginal child
workers are those who work at any time during the year but less than 6 months in a year.
It is estimated that India has the largest number of child labourers in the world. According to
the Census 2001, there were 1.27 cr. economically active children in the age-group of 5-14
years. The number was 1.13 cr. during 1991 (Population Census).
Who is a worker
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 90.8 lacks in 1991 to 57.8 lacks 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 22 lacks in 1991 to 68.9 lacks
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 decline in employment growth in general in the economy
during the last decade.
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developmental measures that are required to eliminate child labour. The Constitution of India
has relevant provisions to secure compulsory universal primary education. Labour
Commissions and Committees have gone into the problems of child labour and made
extensive recommendations. India’s judiciary, right up to the apex level, has demonstrated
profoundly empathetic responses against the practice of child labour. Despite several
proactive legislations, policies and judicial prouncements, the problem of child labour
persists as a challenge to the country.
The corresponding fall in boys and girls workforce during 1983 to 2004-05 is observed to
have decreased from 1.206 cr. to 47.6 lacks, and 94.9 lacks to 43.1 lacks, respectively. In
effect, the gender difference that existed between boys and girls (adverse against boys) during
the early 1980s has almost dissipated in recent years, the difference being slowed down from
25.7 lack to roughly 4.5 lacks. However, in absolute numbers, the problem is large. As per
the Census 2001, there are 1.26 crores economically active children in the age-group of 5-14
years. It was 1.13 crores in the 1991 Census.
The magnitude of child labour in India has been witnessing decline in the last two decades,
both in terms of magnitude and workforce participation rates. Evidence drawn from the
National Sample Survey data suggest that India’s child workforce during 2004-05 was
estimated at little over 90.7 lacks as against 2.155 cr. in 1983. During this period, the number
of child employment has declined by 1.248 cr. A bigger fall in child workforce is observed
among boys than girls.iv
The number of working children in the major child labour endemic states as per the 1991 and
2001 Census is given below:-
Among the states, Uttar Pradesh accounts for a larger share of close to one fourth of all child
labour in India followed by Andhra Pradesh. While Maharashtra and West Bengal
respectively garnered 9 & 8 percent of India’s child employment. The share of Uttar Pradesh
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has dramatically shot up in one decade from less than 13% in the mid-1990s to close to 23%
in 2004-05, which is a cause for serious concern. While the share of Andhra Pradesh seems to
have declined quite considerably during this period.
Census 2011 figures about children in India – (rural vs Urban) (Educated vs uneducated)
Indicator Total Urban Rural
Child population 44,69,60,000 (44.7Cr.) 12,96,18,400 31,73,41,600
37.83% of the population (12.96Cr.) (31.73Cr.)
Child population below 5 years old 12,66,42,000 (12.66Cr.) 36726180 89915820
10.72% of the population (3.67 Cr.) (8.99 Cr.)
Child population 5-18 years old 32,03,18,000 (32.03Cr.) 9,28,92,220 22,74,25,780
(9.29Cr.) (22.74Cr.)
Population below international 18,77,23,200 (18.77Cr.) - -
poverty line of US $ 1.25 per day
(42% in 2008)
estimates are, 40% of Children are 17,87,84,000 - -
marginalized due to poverty, labour,
abuse, disability, malnutrition, (17.88 Cr.)
conflicts, disasters , displacement,
illiteracy, abandoned, etc (2006)
Only 2 states in India, namely Kerala and Karnataka have departments focused on child
labour. This is done thru the labour department. (source – www.childlineindia.org.in/)
The occupation-wise data of children in this age group of 5-14 working in the non-
agricultural sector has been classified. Though these occupations in the Census data do not
match with the occupations listed as hazardous under the Child Labour (Prohibition &
Regulation) Act, a tentative segregation of data into hazardous & non-hazardous occupations
gives a broad estimation of children working in different occupations. As per this data, 36.43
lakh children in the age group of 5-14 years are working in non-agricultural sector in the
country, out of which 12.19 lakh children are working in hazardous occupations.
In the age group of 5–14 years, 89.3 per cent of children were in school in 2009-10, up from
82.4 per cent in 2004-05. Further this increase was higher for girls, rising from 79.6 per cent
in 2004-05 to 87.7 per cent in 2009-10. In the 15–19 years age group, 59.5 per cent of young
people were in the educational system in 2009-10 as compared to 46.2 per cent in 2004-05.
Once again, the increase was more for girls, from 40.3 to 54.6 per cent. In the next higher age
group of 20–24 years, 22.5 per cent of boys and 12.8 per cent of girls were still in the
educational system in 2009-10 against only 14.9 and 7.6 per cent, respectively, in 2004-05. v
Number of child workers (5-14 years) engaged in Hazardous Occupations as per 2001 Census
1 Pan, Bidi & Cigarettes 252574
2 Construction 208833
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Child Labour (Prohibition and Regulation) Act (1986) was the culmination of efforts and
ideas that emerged from the deliberations and recommendations of various committees on
child labour.
At policy level Government of India has been persuing the matter in right ernest. Some of the
significant initiatives were,
a) National Commission on Labour (1966-1969),
b) The Gurupadaswamy Committee on Child Labour (1979)
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The three components stated in the National Policy on Child Labour are:
(a) Legislative Action Plan emphasizing strict and effective enforcement of legal provisions
relating to Child Labour,
(b) Focus on General Development Programmes for benefiting children and their families,
and
(c) Project-based Plan of Action focusing on areas with high concentration of child labour
through implementation of National Child Labour Project.
To address the demand and supply factors including cheap and docile labour, poverty,
illiteracy, indebtedness, unemployment and landlessness, that contribute to the prevalence of
child labour, Government of India follows a multipronged strategy which involves strong
enforcement of legal provisions relating to child labour with simultaneous efforts towards
rehabilitation of children and by making efforts of raising the income levels of parents
through linkages with the employment and income generation programmes and other poverty
alleviation programmes of the Government.
With the objective to implement the multi-pronged strategy the National Child Labour
Project (NCLP) was first initiated in 1988, as a part of a larger Plan of Action arising out of
the National Child Labour Policy. The National Child Labour Project has been strengthened
by several major initiatives at national,state and district level in the country aiming at
elimination of child labour. The main thrust of this scheme has been to reduce the incidence
of child labour in the pockets of their concentration. Providing education through special
schools and subsequently bringing them in regular schools are the major activities under the
NCLP at the ground level. The working children are identified through surveys conducted by
the independent agencies, and inspections conducted by the Labour Department. On the basis
of their reports, children are withdrawn from labour force. These children are enrolled in the
special schools which provide formal/non-formal education, vocational training,
supplementary nutrition, monthly stipend, regular health check-up, etc., and are subsequently
mainstreamed in formal education or selfemployment within a period of six months to three
years of their enrolment in the special schools.
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• Need for inter sectoral convergence as well as focused women and child specific measures through
Ministry of Women & Child Development
• Partnership with civil society to create permanent institutional mechanisms that incorporate the
experiences, capacities and knowledge of VOs and women’s groups in the process of development
planning.
RECOMMENDATIONS
In world economies where child labour has been eradicated, multi-pronged strategies were
used. Stringent laws were made making child labour illegal. Also the educational system was
strengthened so that children removed from work could go to school.
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A lot of changes have been done since the child labour policy 1986. But a further relook of
all the laws and policies is urgently needed. Consistency in the constitutional and legal
provisions pertaining to children’s rights is critical and required.
5. Migrant children
The NCLP needs to recognize the special situation of migrant child labourers. These could be
children who have run away from home or children who migrate seasonally with their
families. Given the extent of intra-state migration, educational centers have to be
strengthened and the involvement of the local NGOs has to be done.
6. Social Mobilisation
Given that eradication of child labour is not an easy task, preventive strategies are more
sustainable in the long run. One of the major preventive strategies, which must feature in any
national child labour eradication policy, is the role of social mobilization and community
participation. It is vital to ensure that children stay at home and go to formal schools rather
than leave home to work full time.
There has to be a national campaign to invoke public interest and large-scale awareness on
this issue, there is a need for an extensive awareness generation campaign launched over a
period of time at the Centre and State level on a sustained basis. Required budgetary
provisions for such a mass campaign must be provided by the government.
7. Social Mobilizes
Child labour is spread across the country; in dispersed villages and slums. The eradication of
child labour cannot be the function of labour department alone. There has to be a movement
which ropes in the society and the members of the society must be given a legal or official
status. As proposed in the 11th plan Labour department needs to have a cadre of youth
volunteers who can be trained as ‘Social Mobilizes’ who will be responsible for withdrawing
children from work as well as monitoring school dropouts and children with irregularity of
attendance.
The planning commission estimated that, if implemented, through this policy the status of
more than 3 crores children would be monitored.
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CONCLUSION
The National Plan for Children 2005 would be a very good document for eradicating the
child labour form India.
The goals of the plan were,
1.To eliminate child labour from hazardous occupations, and progressively move towards
complete eradication of all forms of child labour.
2. To protect children from all kinds of economic exploitation.
The plan had clearly defined the objectives and strategies for achieving the above mentioned
goals. These objective and strategies were,
Objectives –
1 To ensure regular and systematic enumeration of all child labour.
2 Institute a rights-based uniform definition of child labour and bonded child labour in
existing
labour laws.
3 To expand the list of hazardous occupations to facilitate progressive elimination of all
forms of
child labour.
4 To universalise and accelerate school enrolment, attendance and retention so that children
are
prevented from being employed as labour.
5 To intensify and implement strategies to protect children from economic exploitation.
6 To take immediate and effective measures to prohibit and eliminate child labour and to
provide
for the rehabilitation and social integration of the rescued children.
7 To prevent and prohibit trafficking of children for the purpose of labour including domestic
service and other informal sectors.
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Strategies -
1 Country-wide survey to ascertain the existence, prevalence and nature of child labour in
both the organised and un-organised sectors.
2 Effectively enforce child labour regulatory legislation and rehabilitation of working
children through enrolment in schools, bridge courses of education/life skills
training/counseling etc.
3 Link the child labour elimination efforts with education measures to ensure that all
children in the age group of 5-8 years get directly linked to school and the older children are
mainstreamed to the formal education system through the rehabilitation centers.
4 Ensure convergence of national poverty eradication and developmental programes aiming
at prevention and progressive elimination of all forms of child labour.
5 Educate society not to employ children or economically exploit them.
6 Safeguard the health, safety and developmental rights of working children with interim
protective measures.
7 Ensure involvement of committed voluntary organizations at the district level to assist.
8 Introduce bridge schools for all working children after which they have to be enrolled in
the formal schools.
9 Develop mechanisms to ensure that children, presently working in the informal sector
including domestic service, have access to basic nutrition, clothing, education and
protection from all forms of abuse and neglect.
10 Ensure prevention of trafficking of children for domestic work and their sexual
exploitation and physical and mental abuse and neglect. Establish a system for reporting of
such incidents.
11 Licence & regulate placement services to ensure that children are not offered for
employment
12 Ensure implementation of Inter State Migrant Workman’s Act.
13 Strengthen and enforce the Child Labour (Prohibition and Regulation) Act, and the
Bonded
Labour System (Abolition) Act to ensure prosecution of offenders.
14 Ministries and Departments with specific child budgets and plans should ensure100%
spending and should also enhance budget in view of large child population.
15 Where no overt child budget is available in ministries and depaertments, the demarcation
should be made of child budget, spending and monitoring.
The author feels that Government and every member of the society has to work towards the
complete removal of the child labour. Especially as this has a direct bearing on the economy.
And for any economy to really develop and be professional tomorrow the child of today must
gain right education, environment and opportunity to develop.
In the end the author would like to give the following 2 suggestions as an appeal to all
corporate and academicians for action.
1. All corporate should as a part of corporate citizenship charter give a pledge and declaration
that they would not employ or encourage child labour.
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2. All educational institutions especially management institutes should include in their oath of
the passing out student a commitment of not employing or encouraging child labour.
Any attempt has been made through this paper to look at the magnitude and the planning of
government in India on the issue. There is further scope of studying the sector specific
implications and importance of the same. Also there is urgent need for studying the role and
perspective of the society towards child worker specifically towards the new emerging
service sectors in India. It is also suggested that a process of studying the issue from ethical
and moral perspective also. Especially since the culture of a society plays the vital and
important role in establishing the norms and laws.
References –
i
(http://en.wikipedia.org/wiki/Child_labour_in_India)
ii
(http://en.wikipedia.org/wiki/Child_labour_in_India)
iii
(http://en.wikipedia.org/wiki/Child_labour_in_India)
iv
(NSSO data & 12 plan working group report on child labour)
v
(Faster, Sustainable and More Inclusive Growth, An approach paper to Twelth five year
plan, Government of India, Planning Commission October 2011)
vi
(11th 5 year plan documewnt vol.II)
vii
(11th 5 year plan documewnt vol.II)
viii
(11th 5 year plan documewnt vol.II)
ix
Burra (2007) Born Unfree: Child Labour, Education and the State in India, op.
x
(11th 5 year plan documewnt vol.II)
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