Child Labour- The Menace, Solution and Relevant judgements..

 

    Every year, on 12th June, World Day Against Child Labour is observed with the main aim to fight against the child labour around the world. International Labour Organization, a body of United Nations launched the World Day Against Child Labour in 2002, on order to focus attention on the global extent of child labour and to fight against child labour  to eliminate it. Each year, the World Day Against Child Labour brings together governments, employers and workers organisation, civil society to highlight the plight of child labourers and to define the guidelines to help them.

WORLD  DAY AGAINST CHILD LABOUR 

            Throughout the world, around more than 218 million children work, many are full  time workers. They do not go to school and have little  or no time to play. They belong to the economically poor family. Hence they are forced to work for their daily bread alongwith the family members. Most of them tend to be working in the hazardous environment or become victim of slavery, illicit drug trafficking business, and forced to do many unsuitable works. Many are exploited because  of their innocent nature.

            The main objective of formation of World Day Against Child Labour is to achieve the abolition of child labour. The International Labour Orgainisation Conventions such as Minimum age Convention no. 138 and the Worst Forms of Child Labour Convention no. 182 are the two ILO Programme on Child Labour that works to abolish the child labour.

            Not all child labour means child labour that should be eliminated. Child labour can also means assisting the  family with daily chores or helping in the family business by the child. Or it may include child working for the purpose of some pocket money outside school hours or during school holidays. These activities not only improve their family welfare but also contribute to child’s development and gain experience in the long run for their survival skills. The activities help them to deal with unprecedented life, against all odds. Child labour that does not involve participation in hazardous work that may interfere with development of their well being, does not mean child labour. Child labour means a work that endanger a child or cause detriment for the welfare as against violation on international and national legislation. It is that labour which can deprive a child a right to education and cause burden to work.

            Poverty, economic necessasity, forceful child labour are the reason for the rise of child labour.

 

INDIAN LEGISLATIONS ON PROTECTION OF CHILD LABOUR WITH CASE LAWS.

            Children are the most vulnerable human being and they are to be  protected against all excessive exploitation from the hands of greedy businessmen who employ the with a little penny and a huge workloads. Now it is pertinent to note, India as a founder permanent member of International Labour Organisation in 1922, made various laws for the protection of children against child labour. The main principle tool of ILO in order to abolish the child labour is adoption and supervision  of labour standards that embody  the concept of minimum age for employment and that the minimum age should be linked with the schooling. The goal of ILO is that the minimum age of employment should not be below the age of completion of compulsory education.

In compliance with the International Convention for child Labour, drafter of Indian Constitution incorporated few Articles that prescribe fundamental right of children as well as duty of the State to ensure welfare of children. Article 24 guarantees fundamental right of children. Articles 39 (e)  and (f) and Article 45 lay down the Directive Principle of State Policy.

Article 24 lays down that 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 however, does not prohibit their employment in any harmless job or work

            Clause (e) of Article 39 says that it is the duty of State to secure that the health and strength of workers, men and women, and the tender age of children are not abused and that the citizens are not forced by the economic necessity to enter avocation unsuited to their age and strength.

Clause (f) requires that the State shall direct its policy towards securing that the children should be provided with opportunities and facilities so that they may develop in healthy manner and in conditions of freedom and dignity and that that childhood and youth are protected against exploitation and against moral and material abandonment.

            Article 45 makes it necessary for the State to make efforts to provide within a period of ten years from  the commencement of this Constitution, free and compulsory education for all children until they complete the age of fourteen years.

            With the objective to eradicate child labour, some laws were legislated. They are :-

1.     EMPLOYMENT OF CHILDREN ACT, 1938:

It was a pre – Constitution legislation. This Act prohibited the employment of children below the age of twelve years in any workshop where the processes of bidi – manufacturing , explosives,, fire – works, mica cutting and splitting, soap manufacturing, and wool cleaning  were carried on. The employment of  children below age of fifteen years was prohibited –

(a)  In any occupation connected with the  transportation of passengers, goods or mails by railways or

(b) In any occupation involving the handling of goods within the limit of any ports.

 

2.     CHILD LABOUR (PROTECTION AND REGULATION) ACT, 1986.

The Act of 1986 was a replacement to Act of 1938. The Act of 1986 defines a  child as a person who has not completed the age of fourteen years. The Act prohibits the employment of children in the following occupations. They are

(i)                 transport of passengers, goods or mails by railways;

(ii)              cinder picking, cleaning an ash pit or building operation in railway premises;

(iii)             involving the movement of a vendor, or any other employee of the establishment from one platform to another or into or out of a moving train;

(iv)            work relating to the construction of a railway station or with any other work  where such work is done in close proximity to or between the railway lines;

(v)              and a port authority within the limits of any post.

 

It also prohibits the employment of children below the age of fourteen years

·        in the processes of bidi – making;

·        carpet;

·        weaving;

·        cement manufacturing including bagging of cement;

·        cloth printing;

·        dyeing and weaving;

·         manufacturing of matches, explosives and fire-works;

·        mica-cutting and splitting;

·        shellac manufacture;

·        soap manufacture;

·        tanning;

·        building and construction industry.

 However there is exception wherein a child can be permitted for employment in a workshop. A child can be allowed to work where any process is carried on by the occupier with the aid of the child’s family and in favour of such schools which are established by or receiving assistance or recognition from the government.

            In  People’s Union for Democratic Rights vs. Union of India AIR 1980, the efficacy of Employment of Children Act, 1938 was doubted since the construction was not specified as hazardous occupation. it was held by the Supreme Court that though construction work was not specified as hazardous occupation under Employment of Children Act, it must be regarded as “plainly and indubitably a hazardous employment” prohibited by Article 24. Thus, children below age of fourteen years cannot be employed in the construction work. The Act of 1986 prohibits the employment of children in the construction industry.

            In M.C. Mehta vs. State of Tamil Nadu AIR 1991 employment of children in match factories at Shiva Kashi was held violated of Article 24. However as economic necessity forces them to seek employment, they may be employed in the process of packing provided it is done in an area away from the place of manufacture to avoid exposure to accident.

            In Bandhua Mukti Morcha vs. Union of India AIR 1997, a PIL was file on behalf of children below the age of fourteen years that the employment of children by various weavers is violative of Article 24. The Hon’ble Supreme Court observed that child of today is the future of tomorrow’s society and we must build an environment conducive to their development otherwise the child cannot develop to become a productive member of society. Thus the court has directed the Government of India and the respective ministry of States to adopt  step to provide

(1) compulsory education to all children either by the industries itself or in co-ordination with it by the State Government to the children employed in the factories, mine or any other industry, organized or unorganized labour with such timings as is convenient to impart compulsory education, facilities for secondary vocational profession and higher education;

(2) apart from education, periodical health checkup;

(3) nutrient food etc;

(4) entrust the responsibilities for implementation of the principles. It was also directed that periodical reports of the progress made in that behalf be submitted to the registry of the Supreme Court.

The Indian Factories and Mines Act, 1952, The Merchant Shipping Act 1958,  The Motor Transport Workers Act, 1951, The Plantation Labour Act, 1951, The Bidi and Cigar workers (Condition of Employment) Act 1966 and The Apprentices Act, 1961 are the Legislations which prohibit employment of children below the age of fourteen years. 

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 prohibit the engagement of children in all occupations. Juvenile Justice Acts, 2000 give a special protection to children who are in need of proper care, protection and treatment for the purpose of their development. 

 

CHILD LABOUR AND THE CORONAVIRUS PANDEMIC

            Amid coronavirus pandemic there has been a drastic surge of child labour because of the economic and employment woes. In this situation child is the most sufferer. During pandemic millions of children became victim of child labour due to economic crisis and lack of employment.  It is important to raise awareness, most particularly in this pandemic time, and eradicate child labour. World Organization has imposed duty on respective nation to work vastly in setting out rules and regulations and make programme to get rid of child labour. Today’s significance to raise awareness about child labour is the solution of  tomorrow.

            As quoted by Nobel Peace Prize winner, Kailash Satyarthy “ Child labour means poverty, employment, illiteracy, population growth and other social problems”

The theme of World Day Against Child Labour 2021 is Act Now: End Child Labour.