CHILD LABOUR IN INDIA

SUBMITTED TO:

JHARKHAND STATE HUMAN RIGHTS

COMMISSION, RANCHI

SUBMITTED BY:

AMIT RAJ

B.COM LLB

INDIAN INSTITUTE OF LEGAL STUDIES

SILIGURI .

1
 ACKNOWLEDGEMENT

With profound gratitude and sense of indebtedness I place on record my sincerest thanks to
Hon`ble Acting Chairperson Sri. S. K. Satapathy of Jharkhand State Human Rights
Commission, for his invaluable guidance, sound advice and affectionate attitude during the
course of my research.

I have no hesitation in saying that he molded raw clay into whatever I am through his
incessant efforts and keen interest shown throughout my intern pursuit. It is due to his patient
guidance that I have been able to complete the task.

I would also thank the Jharkhand State Human Rights Commission for the wealth of
information therein. I also express my regards to the staff for cooperating and making
available the books for this project research paper.

Finally, I thank my beloved parents for supporting me morally and guiding me throughout
the project work.

Amit Raj

Chairperson’s Signature Student’s Signature

Date: __/__/____ Date: __/__/____

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 TABLE OF CONTENTS

Abstract .............................................................................................................. 5
Chapter 1: introduction …………………………………………………..…..........6

Chapter 2: what is child labour? ...............................................................7

Chapter 3: Causes of rising instances of child labour ...............................8

3.1 Causes of child labour ...........................................................................8
3.2 Statistics of child labour in India .........................................................10
Chapter 4: The policy of the government on the issue of child labour ................11

Chapter 5: Possible solutions to child labour .......................................................14

Conclusion and suggestions ....................................................................................15

Bibliography.............................................................................................................I

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 RESEARCH METHODOLOGY

STATEMENT OF PROBLEM

In this dynamic scenario every person faces various kinds of uncertainties, whether a person
belongs to a middle class family or from a poor background. But it becomes difficult for the poor
people or the rural people to come up with such uncertain situations. Poverty is one of the important
factors for this problem. Hence, enforcement alone cannot help solve it. The Government has been
laying a lot of emphasis on the rehabilitation of these children and on improving the economic
conditions of their families.

RESEARCH OBJECTIVES

1. To analyze and understand the meaning of the child labour.

2. To analyze and understand the causes of rising instances of child labour.
3. To focus on and examine the policy of the government on the issue of child labour.
4. To see the possible solutions to child labour.

RESEARCH QUESTIONS

1. What is child labour?

2. What are the Causes of rising instances of child labour ?
3. What are the policy of the government on the issue of child labour?
4. What are the possible solutions to child labour?

HYPOTHESIS

Many NGOs like CARE India, Child Rights and You, Global March Against Child Labour,
etc., have been working to eradicate child labour in India. The child labour can be stopped when
knowledge is translated into legislation and action, moving good intention and ideas into protecting
the health of the children.

RESEARCH METHOD

The research methodology used is completely doctrinal which includes books, and websites.

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 ABSTRACT

Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.

Child labour refers to the employment of children in any work that deprives children of their
childhood, interferes with their ability to attend regular school, and that is mentally, physically,
socially or morally dangerous and harmful. Children in Indian society have 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.

The paper has been divided into V Chapters where each part is dealing with the topics
related to child Labour in India.

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 CHAPTER 1:
INTRODUCTION

Children are the greatest gift to humanity and Childhood is an important and impressionable
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 conducive to their intellectual, physical
and social health, grow up to be responsible and productive members of society. Childhood is the
great and happiest period of the lives of everyone during which one learns about the basic strategy
of the life from parents, loved ones and nature. 

Child labour has become a biggest social issue in India which needs to be solved on regular
basis. It is not the responsibility of the government only, it should be solved and taken care by all
the parents, owners and other social organizations. It is the issue of everyone which should be
solved personally as it can be happened with the child of any person.

Children are preferred as they are not unionized, can be easily controlled, tortured,
and exploited without any fear of backlash. Moreover, children are better suited to jobs like brick
making, carpet weaving and silk spinning etc. The importance of education is neglected for the
child and replaced with necessity of providing food and shelter i.e. children work to supplement
meagre family income or otherwise to help the family business. In doing so, they are being denied
of  basic rights such as the right to education, to freedom from abuse, and to proper health.

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 CHAPTER 2:
WHAT IS CHILD LABOUR?

Child labour typically means the employment of children in any manual work with or
without payment. Child labour is not only limited to India, it happens to be a global phenomenon.

As far as India is concerned, the issue is a vicious one as children in India have historically
been helping parents at their farms and other primitive activities. Another concept that needs
explanation is the concept of bonded labour which is one of the most common forms of
exploitation. Bonded labour means the children are forced to work as employees in lieu of payment
of debt by the parents due to exorbitant rates of repayment of interest1.

Also associated with the concept of bonded labour is the concept of urban child labour
wherein the labourers are the street children who spend most of their childhood on the streets.

UNICEF has categorized child work into three categories:

1. Within the family- Children are engaged in domestic household tasks without pay.

2. Within the family but outside the home- Example- agricultural labourers, domestic maids,
migrant labourers etc.

3. Outside the family- Example- commercial shops in restaurants and jobs, prostitution2 etc.

1
https://www.indiacelebrating.com/social-issues/child-labour-in-india/ [last seen on 24th oct,2018 at 12:45 PM].
2
https://www.unicef.org/infobycountry/stats_popup9.html. [last seen on 24th oct,2018 at 12:58 PM]

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 CHAPTER 3:
CAUSES OF RISING INSTANCES OF CHILD LABOUR

Over population, illiteracy, poverty, debt trap are some of the common causes which are
instrumental in this issue.
Overburdened, debt-trapped parents fail to understand the importance of a normal childhood under
the pressures of their own troubles and thus it leads to the poor emotional and mental balance of a
child’s brain which is not prepared to undertake rigorous field or domestic tasks.
National and Multinational companies also recruit children in garment industries for more work and
less pay which is absolutely unethical.
According to UNICEF children are employed because they can be easily exploited. By
considering various causes of child labour, we can make a strategy to curb or eliminate child
labour3.
3.1 Causes of Child Labour
 The curse of poverty
The main reason for child labour is poverty. Most of the country’s population suffers from
poverty. Due to poverty, parents cannot afford the studies of their children and make them earn their
wages from a tender age. In fact, they are well aware of the grief of losing their loved ones to
poverty many times. They send their small children to work in factories, homes and shops. They are
made to work to increase the income of their poor families at the earliest. These decisions are taken
only for the purpose of eking out a living for their family. But such decisions shatter children’s
physical and mental state as they lose their childhood at an early age.

 Lack of educational resources

Even after so many years of our country’s independence, there are instances where children
are deprived of their fundamental right to education. There are thousands of villages in our country
where there are no proper facilities of education. And if there is any, it is miles away. Such
administrative laxity is also responsible for child labour. The worst sufferers are the poor families
for whom getting their children educated is a dream.
Sometimes the lack of affordable school for the education of poor children leaves them illiterate and
helpless. Children are forced to live without studying. And sometimes such compulsions push them
into the trap of child labour.

3
http://unicef.in/Whatwedo/21/Child-Labour [last seen on 24th oct,2018 at 1:45 PM].

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 Social and economic backwardness
Social and economic backwardness is also the main reason for child labour. Socially
backward parents do not send their children to receive education. Consequently, their children are
trapped in child labour. Due to illiteracy, many times parents are not aware of various information
and schemes for child education. Lack of education, illiteracy and consequently the lack of
awareness of their rights among them have encouraged child labour. Also, uneducated parents do
not know about the impact of child labour on their children. The conditions of poverty and
unemployment give rural families a compulsive basis for engaging children in various tasks. In fact,
feudal, zamindari system and its existing remnants continue to perpetuate the problem of child
labour.

 Addiction, disease or disability

In many families, due to addiction, disease or disability, there is no earning, and the child’s
wages are the sole means of family’s sustenance. Population growth is also increasing
unemployment, which has adverse impact on child labour prevention. So, parents, instead of
sending their children to school, are willing to send them to work to increase family income.

 Poor compliance of laws

In modern society, laws stipulate that citizens have the right to receive good education, avail
good health services and take care of their health. Every citizen has the right to play the game he
enjoys, and enjoy all the means of entertainment, and when he grows, to obtain employment where
he can earn well and contribute to society and nation. But in the absence of proper compliance of
the laws, child labour is continuing. It can be prohibited only by strict adherence to the related laws.

 Lure of cheap labour

In the greed of cheap labour, some shopkeepers, companies and factory owners employ
children so that they have to pay less to them and it amounts to employing cheap labour.
Shopkeepers and small businessmen make children work as much as they do to the elder ones, but
pay half the wages. In the case of child labour, there is less chance for theft, greed or
misappropriation of money too.
With the development of globalization, privatization, and consumerist culture, the need for cheap
labour and its linkage with economic needs of poor families have encouraged child labour.

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 Family tradition
It is a shocking but a bitter truth that in our society it is very easy to give child labour the
name of tradition or custom in many families. The culture and traditional family values play their
role in increasing the problem of child labour at the voluntary level. Many families believe that a
good life is not their destiny, and the age-old tradition of labour is the only source of their earning
and livelihood.
Small businessmen also waste the lives of their children in the greediness of perpetuating their
family trade with lower production costs. Some families also believe that working from childhood
onwards will make their children more diligent and worldly-wise in terms of future life. They
believe that early employment will give rise to their children’s personal development, which will
make it easier for them to plan their life ahead.

 Discrimination between boys and girls

We have been conditioned into believing that girls are weaker and there is no equal
comparison between boys and girls. Even today, in our society, we will find many examples where
girls are deprived of studies. Considering girls weaker than boys deprives them of school and
education. In labourer families, girls are found to be engaged in labour along with their parents.

3.2 Statistics of Child Labour in India

There are five states which are India's biggest child labour employers - Bihar, Uttar Pradesh,
Rajasthan, Madhya Pradesh and Maharashtra.  Over half of India's total child labour population
works here. India's biggest hub of child labour is Uttar Pradesh and it accounts for almost 20% of
India's child labourers. According to a Campaign Against Child Labour (CAC) study, India has
1,26,66,377 child labourers of which UP has 19,27,997 child labourers4.

4
https://www.savethechildren.in/articles/statistics-of-child-labour-in-india-state-wise[last seen on 24th oct,2018 at
2:27 PM]

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 CHAPTER 4:
THE POLICY OF THE GOVERNMENT ON THE ISSUE OF CHILD
LABOUR

India’s commitment to children is clearly manifested in its constitution wherein several

articles are incorporated dedicated to children, viz.:-
 Article 14 - Equality before law the state shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India prohibition of
discrimination on grounds of religion, race, caste, sex or place of birth5.
 Article 15(3) - Nothing in this article shall prevent the state from making any special
provision for women and children 6 .
 Article 21—No person shall be deprived of his life or personal liberty except according to
procedure established by law7.
 Article 21 A—The State shall provide free and compulsory education to all children of the
age of 6-14 years in such manner as the State may, by law, determine8.

 Article 23—Traffic in human beings and beggar  and other forms of forced labour
are prohibited and any contravention of this provision shall be an offence punishable inaccor
dance with the law9.
 Article 24—No child below the age of 14 years shall be employed to work in any factory or
mine or engaged in any other hazardous employment10.
 Article 45— The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years11.

5
Article 14 in The Constitution Of India 1949. https://indiankanoon.org/doc/367586/[ last seen on 24th oct,2018 at
2:45 PM]
6
Article 15 in The Constitution Of India 1949. https://indiankanoon.org/doc/367587/[ last seen on 24th oct,2018 at
2:48 PM]
7
Article 21 in The Constitution Of India 1949. https://indiankanoon.org/doc/367593/[ last seen on 24th oct,2018 at
3:48 PM]
8
Article 21 in The Constitution Of India 1949. https://indiankanoon.org/doc/367593/[ last seen on 24th oct,2018 at
3:48 PM]
9
Article 23 in The Constitution Of India 1949. https://indiankanoon.org/doc/367595/[ last seen on 24th oct,2018 at
3:48 PM]
10
Article 24 in The Constitution Of India 1949.https://indiankanoon.org/doc/3673453/[ last seen on 24th oct,2018 at
4:48 PM]
11
Article 45 in The Constitution Of India 1949. https://indiankanoon.org/doc/367593/[ last seen on 24th oct,2018 at
4:53 PM]

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 The factories act, 1948 12   Prohibits the employment of child under 14 years of agein
factories (section- 67). A child who has completed the age of 14 years is not permitted to work in a
factory for more than 4 hours in any day (section- 71(1) (a)). They should not work at night i.e.
Twelve consecutive hours including the period from 10 p.m. To 6a.m. (section- 71(1) (b)). The
period of work is to be limited to two shifts which should not overlap and spread over more than
five hours (section- 71(2)). They should not be employed in two separate factories on the same day
(section- 71(4)).

According to the Plantation Labour Act, 195113, a child (below 14 years) or an adolescent
between 15-18 years can not be employed for work unless he is certified fit for work by a surgeon
(Section- 26). The certificate of fitness is given by a certifying surgeon who certified that the person
being examined by him is fit to work as a child or as an adolescent. This Act makes the provisions
for education as the responsibility of the employer (Section- 14) and so is for housing (Section- 15)
and medical (Section-10) and recreational facilities (Section- 13).

The Mines Act, 195214  provides for some more stringent provisions. The Act prohibits

employment of persons (below 18 years) in any mine or part thereof (Section-40) and also their
presence in any part of the mine above ground where any operation connected with or incidental to
any mining operation is being carried out (Section- 45).The Act prescribes punishment of fine up to
Rs. 500 in case of employment of persons below 18 years (Section- 68). For contravention of any
other provision of the Act, there is provision of imprisonment up to three months or fine up to Rs.
1000 or both (Section 73).

The Merchant Shipping Act, 1958 15 prohibits employment of children under 15years in a

ship, except in a school ship or training ship; or in ship governed by family members, or in a home
trade ship of less than two hundred tons gross; or in a home trade ship of less than two hundred tons
gross; or where such person to be employed on nominal wages and will be in the charge of his
father or other adult near male relatives(Section 109).

12
https://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.html[last seen on 26th oct,2018 at 2:45
PM]
13
https://labour.gov.in/sites/default/files/The-Plantation-Labour-Act-1951.pdf [ last seen on 26th oct,2018 at 3:55 PM]
14
http://www.dgms.gov.in/writereaddata/UploadFile/Mines%20Act,%201952.pdf[last seen on 26th oct,2018 at 4:00
PM]
15
https://indiacode.nic.in/bitstream/123456789/1562/1/195844.pdf [ last seen on 27th oct,2018 at 9:45 AM]

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 The Motor Transport Workers Act, 196116 covers every motor transport undertaking
employing 5 or more persons. The Act prohibits employment of persons under 14 years of age in
any capacity in the motor transport undertaking (Section21).

The Beedi and Cigar Workers (Conditions of Employment) Act, 196617 covers all industrial
premises wherein any manufacturing process connected with making of beedi or cigar or both is
being, or is ordinarily carried on with or without the aid of power. The Act prohibits the
employment of children below 14 years in any such premises (Section24). The employment
of young persons between 14 to 18 years are prohibited between7P.M. to 6 A.M.

The National Policy for Children ,as adopted on 22 nd August, 1974, stands as
the basis of several national policies and programmes initiated in the last few decades toaddress the
varied needs of children, and is the policy frame for this plan. The policy laid down that the State
shall provide adequate services towards children, both before and after birth and during the growing
stages for their full physical, mental and social development. The policy emphasized the need for
the measures of the balanced growth of children; children shall be protected against neglect, cruelty
and exploitation. The National Policy on Child Labour , was adopted in 22nd August 1987 contains
the action plan for tackling the problem of child labour. It envisaged a legislative action plan and
convergence of general development programmes for benefiting children wherever  possible.

The Constitution (86th Amendment) Act18 was notified on 13th December 2002, making
free and compulsory education a Fundamental Right for all children in the age group of 6-14 years.

A National Charter for Children, 2003 emphasizes Government of India’s commitment to

children’s right to survival, health and nutrition, standard of living, play and leisure, early childhood
care, education, protection of the girl child, equality, life and liberty, name and nationality, freedom
of expression, freedom of association and peaceful assembly, the right to a family and the right to
be protected from economic exploitation19.

 The National Plan of Action for Children, 2005 emphasizes the role of Government to

ensure all measures and an enabling environment for survival, growth, development and protection
of all children, so that each child can realize his or her inherent potential and grow up to be a
healthy and productive citizen20

16
https://indiacode.nic.in/bitstream/123456789/1662/1/196127.pdf [ last seen on 27th oct,2018 at 10:15 AM]
17
http://labour.bih.nic.in/acts/beedi-and-cigar-workers-act-1966.pdf [ last seen on 27th oct,2018 at 11:45 AM]
18
https://www.gktoday.in/gk/constitution-86th-amendment-act-2002/ [ last seen on 27th oct,2018 at 12:07 PM]
19
http://www.childlineindia.org.in/National-Charter-for-Children-2003.html[last seen on 27th oct,2018 at 01:45 PM]
20
https://childlineindia.org.in/pdf/NationalPlanAction-2005.pdf [ last seen on 27th oct,2018 at 1:50 PM]

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 CHAPTER 5 :
POSSIBLE SOLUTIONS TO CHILD LABOUR

In order to eliminate the social issue of child labour, there is need to follow some effective
solutions on urgent basis to save the future of any developing country. Following are some solutions
to prevent child labour:
 Creating more unions may help in preventing the child labour as it will encourage more people to
help against child labour.

 All the children should be given first priority by their parents to take proper and regular education
from their early childhood. This step needs much cooperation by the parents as well as schools to
free children for education and take admission of children from all walks of life respectively.

 Child labour needs high level social awareness with the proper statistics of huge loss in the future
for any developing country.

 Every family must earn their minimum income in order to survive and prevent child labour. It will
reduce the level of poverty and thus child labour.

 Family control will also help in controlling the child labour by reducing the families burden of child
care and education.

 There is need of more effective and strict government laws against child labour in order to prevent
children from working in their little age.

 Child trafficking should be completely abolished by the governments of all countries.

 Child workers should be replaced by the adult workers as almost 800 million adults are unemployed
in this world. In this way adult will get job and children will be free from child labour.

 Employment opportunities should be increased for adults in order to overcome problem of poverty
and child labour.

 Business owners of factories, industries, mines, etc should take the pledge of not involving children
in any type of labour.

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 CONCLUSION AND SUGGESTIONS

Child labour is a big social problem which needs to be solved on urgent basis by the support
of both, people (especially parents and teachers) and government. Children are very little however
they carry a prosperous future of any developing country. So, they are the big responsibility of all
the adult citizens and should not be used in negative ways. They should get proper chance to
develop and grow within the happy environment of family and school. They should not be limited
by the parents only to maintain the economical balance of the family and by the businesses to get
labour at low cost.

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 BIBLIOGRAPHY

BOOKS

1. Basu, Durga Das (1984). Introduction to the Constitution of India (10th ed.). South

Asia Books.

WEBSITES

1. https://www.indiacelebrating.com/social-issues/child-labour-in-india/
2. https://www.unicef.org/infobycountry/stats_popup9.html.
3. http://unicef.in/Whatwedo/21/Child-Labour
4. https://www.savethechildren.in/articles/statistics-of-child-labour-in-india-state-wise
5. https://indiankanoon.org/doc/367587/
6. https://indiankanoon.org/doc/367593/
7. https://indiankanoon.org/doc/367593/
8. https://indiankanoon.org/doc/367595/
9. .https://indiankanoon.org/doc/3673453/
10. https://indiankanoon.org/doc/367593/
11. https://indiankanoon.org/doc/367586/
12. https://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.html
13. http://www.dgms.gov.in/writereaddata/UploadFile/Mines%20Act,%201952.pdf
14. https://indiacode.nic.in/bitstream/123456789/1562/1/195844.pdf
15. http://labour.bih.nic.in/acts/beedi-and-cigar-workers-act-1966.pdf
16. https://www.gktoday.in/gk/constitution-86th-amendment-act-2002/
17. http://www.childlineindia.org.in/National-Charter-for-Children-2003.html
18. https://childlineindia.org.in/pdf/NationalPlanAction-2005.pdf
19. https://indiacode.nic.in/bitstream/123456789/1662/1/196127.pdf

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