LAWS AGAINST CHILD LABOUR: Reminder on Intl day against Child Labour
Today is marked as WORLD DAY AGAINST CHILD LABOUR. It may not as famous as other international days, but surely it holds an important place in history for international unity. Around 20 years ago, on this day Global March against Child Labour was organised. Probably on this day only, the world realised the need for laws against child labour. Better late than never, on this day an international law against child labour “ILO (International Labour Organisation) convention-182” was passed. So today, we look at Indian laws against Child Labour.
Introduction
The term ‘Child labour’ is self-explanatory. It is simple yet so complicated that people overlook this crime. The term has been best explained by ILO as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
UNICEF takes a practical approach in defining child labour as – a child, is involved in child labour activities if between 5 and 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 and 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.
In India, the Consensus of 2001 defines child labour as the participation of a child who is less than 17 years in economically productive activity. Here compensation is immaterial and so is the nature of the job ( physical or mental).
The definition may look complex but the result is quite simple. Bags on the shoulders, not school bags but rag picking bags; or crates for loading utensils in restaurants; your domestic help or any other chotu working in a factory or shop. These all are the instances of Child labour in their most common forms( so common that it fades into backgrounds of our everyday lives)
Laws Against Child Labour
Constitution makers realised the need to protect these young minds who can be put to better use that is why prohibition of employment of children is provided under article 24 of Indian Constitution which says
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
This article is read with Article 39(e) and 39(f) which provides for the protection of the health and strength of children below the age of fourteen years.
The legislature has put efforts to curb this heinous offence through many statutes like The Factories Act of 1948 and The Mines Act of 1952 prohibiting children’s employment in mines and factories. The Child and Adolescent Labour( Prohibition and Regulation) Act of 1986 prohibits child as domestic help. The latest important addition to this is the Juvenile Justice( Care and Protection) of Children Act of 2015 which makes it a crime to keep a child in bondage for the purpose of employment. Other statutes include The Children( Pledging of Labour) Act,1933; The Indian Factories Act, 1948; The Mines Act,1952; The Merchant Shipping Act, 1958; The Motors Transport Workers Act,1951; The Bidi and Cigar Workers (Condition of Employment) Act,1951, etc.
In short, laws against child labour are plenty. However, the same old tune still exists. Excellent Ideas with poor execution. Implementation of these laws has always been questionable. According to government records, 45 lakhs children are employed which is reduced from 1.25 crores.
Causes of Child Labour
90% of child labour exists in rural areas. The biggest cause is poor educational structure. Children who can go to school cant go because either school is not functioning or poor infrastructure or teacher vacancy or any other reason. So if not school they have to go somewhere, so work it is. Another big cause is poverty. To support the families they work as a consequence, it becomes impossible to break that poverty cycle. Other causes include cheap labour, previous debts, etc.
Conclusion
Words are not enough to express the importance of child education. To break the cycle of poverty, children need to be educated. For this, they need to go to school and not to go to work in shops and fields. We as citizens need to play our parts. For your fights, we have to pick up the weapons. We will have to fight together. This day is a reminder that there are still evil left. Law against child labour includes not only legislative laws but also moral laws. Spread the light of awareness!
Written By Ankit Raturi, University School of Law and Legal Studies
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