CHAPTER 1

INTRODUCTION

1.1 GENERAL

Human rights belong to individuals by virtue of being human,

encompassing civil, political, economic, social and cultural rights and
freedoms, and based on the notion of personal human dignity and worth.
Most of the basic ideas and norms of human rights existing now adopted
as Universal Declaration of Human Rights by United Nations General
Assembly in 1948. The constitution of India also guarantees the equality
of rights of men and women. According to article 14 – “The State shall
not deny to any person equality before law or the equal protection of laws
within the territory of India”. And Article 15 states – “State shall not
discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them”. But today, it seems that there is a wide
gulf between theory and practice. The women in India have always been
considered subordinate to men. Though the articles contained in the
constitution mandates equality and non – discrimination on the grounds of
sex, women is always discriminated and dishonored in Indian society. The
United Nations Declaration on the Elimination of Violence against
Women (1993) defines violence against women as "any act of gender-
based violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or
in private life" In 1999, the General Assembly designated November 25
every year to be celebrated as the International Day for the elimination of

1
Violence against Women. The phenomenon of Human Rights Violation is
increasing day by day in India & lots of cases pertaining to Human Rights
Violation have been taken place due to different factors. So, there is an
urgent need to study the particular phenomenon from different angles.

1.2 STATEMENT OF PROBLEM

Women constitute almost half of the world population. However, their

enjoyment of rights equally with that of men is far satisfactory. Gender
differences, customs, traditions, social attitudes etc. are mainly
responsible for inequality between men and women. Every individuals of
the society have equal rights to live, enjoy to equality and to live
peacefully in the society .General Assembly of the United Nations
adopted the Universal Declaration of Human Rights on 10th December
1948. This declaration provides that all men and women are entitled to
civil, political, social, and cultural rights without any discrimination. The
constitution of India also guarantees the equality of rights of men and
women. However, in the sphere of women’s human rights in India, there
exists a wide gulf between theory and practice. The women in India in
general very often have to face discrimination, injustice and dishonor.
Though women in India have been given more rights as compared to men,
even then the condition of women in India is miserable. The paper will
focus on the human rights of women and that how all the fundamental
rights given to the women are being violated, by focusing on the various
crimes done against them.

1.3 STUDY PURPOSE

2
There is an urgent need to discuss the rights of the women separately
as women represents more than half the population of India, yet she is
discriminated and violated in every sphere of her life. Only women are
a prey to crimes such as rape, dowry, bride burning, sexual
harassment, selling and importation, prostitution and trafficking etc.
These types of incidence are increasing day by day and become a
common phenomenon. In India, lots of cases pertaining to Human
Rights Violation have been taken place due to different factors.
Without protection and promotion of human rights we cannot expect
an empowered and balanced society. So, it is very necessary to
undertake such kind of study in particular phenomenon from different
dimensions.

1.4 AIMS & OBJECTIVES

a) The researcher through this paper aims to trace the causes behind
violence against women.

b) The researcher shall make an attempt to find out the status of

violation of human rights against women in India.

c) The researcher through this paper aims & analyse the provisions of
the India for protection of human rights of Women.

3
 1.5 METHODOLOGY

This being an empirical research is based on data collected from primary

source and survey of secondary sources.
The primary source of data collection are the opinion of lawyers, general
public, professionals. The tool used for data collection is questionnaire.
This questionnaire consists of structured questions with all closed-ended
questions. The Secondary sources are various books and articles based on
violation of human rights against women.

1.6 HYPOTHESIS

Violation of Human Rights against women is very

1.7 SCOPE & LIMITATION

Scope of this non-doctrinal research is limited because the research is

conducted within small universe in a restricted geographical area. It is
always possible that the replication of this study with a larger universe
and availability of time may give more accurate result.

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 CHAPTER 2

VIOLATION OF HUMAN RIGHTS AGAINST WOMEN

Violence against women is a worldwide yet still hidden problem.

Freedom from the threat of harassment, battering, and sexual assault is a
concept that most of us have a hard time imagining because violence is
such a deep part of our cultures and our lives.

Violence against women is woven into the fabric of society to such an

extent that many of us who are victimized feel that we are at fault. Many
of those who perpetrate violence feel justified by strong societal messages
that say that rape, battering, sexual harassment, child abuse, and other
forms of violence are acceptable. Every day we see images of male
violence against women in the news, on TV shows, in the movies, in
advertising, and in our homes and workplaces. It is a fact of life for
women of all ages, races, and classes.

I have never been free of the fear of rape. From a very early age I, like
most women, have thought of rape as part of my natural environment--
something to be feared and prayed against like fire or lightning. I never
asked why men raped; I simply thought it one of the many mysteries of
human nature.

In the broadest sense, violence against women is any violation of a

woman's personhood, mental or physical integrity, or freedom of
movement through individual acts and societal oppression. It includes all
the ways our society objectifies and oppresses women. Violence against
5
women ranges from sterilization abuse to prescription-drug abuse,
pornography, stalking, battering, and rape. It includes the sexual and
physical abuse of young girls and the abuse of elders.

Every form of violence threatens all women and limits our ability to make
choices about our lives. Sexual violence is particularly insidious because
sexual acts are ordinarily and rightly a source of pleasure and
communication. It is often unclear to a woman who has been victimized
and to society as a whole whether a sexual violation was done out of
sexual desire or violent intent or whether these motivations are even
distinguishable, because violence itself has come to be seen as sexual or
erotic.

Thirty years ago, most forms of violence against women were hidden
under a cloak of silence or acceptance. As more and more women talked
with each other in the recent wave of the women's movement, it became
apparent that violence against us occurs on a massive scale; that no
woman is immune; and that family, friends, and public institutions have
been cruelly insensitive about it.

Over the past thirty years, women have mobilized to offer direct services
to those who have encountered violence, to educate people about the
range and nature of male violence against women, and to develop
strategies for change. This chapter reflects the important work of some of
these women.

2.1 WOMEN RIGHTS IN INDIA

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1.Right to equality
2. Right to education
3. Right to live with dignity
4. Right to liberty
5. Right to politics
6. Right to property
7. Right to equal opportunity for employment
8. Right to free choice of profession
9. Right to livelihood
10. Right to work in equitable condition
11. Right to get equal wages for equal work
12. Right to protection from gender discrimination
13. Right to social protection in the eventuality of retirement, old age and
sickness
14. Right to protection from inhuman treatment
15. Right to protection of health
16. Right to privacy in terms of personal life, family, residence,
correspondence etc. and
17. Right to protection from society, state and family system.

2.2 Violation of Human Rights in general:

 Violation of “Right to Equality” and “Right to Protection

against Gender Discrimination”:
Discrimination against the girl child starts the moment she enters
into the mother’s womb. The child is exposed to gender differences

7
 since birth and in recent times even before birth, in the form of sex
– determination tests leading to foeticide and female infanticide.
The home, which is supposed to be the most secure place, is where
women are most exposed to violence. Thus the very important
‘right to life’ is denied to women. The World Human Rights
Conference in Vienna‟ first recognized gender – based violence as
a human rights violation in 1993. The same was declared by United
Nations Declaration in 1993.

 Violation of “Right to Education” :

Education is considered as means of development of personality

and awareness. Education is one of the most important human
rights but the position of women’s education is not at all
satisfactory in India. They are confined to certain professions and
in many cases to serve as wives and daughters. Despite in the
improvement in the literacy rate, yet there continues to be a huge
gap between the literacy level of men and women. Due to large
percentage of uneducated women in India, they are not even aware
of their basic human rights and can never fight for them.

 Violation of “Political Right”:

The political status of women in India is very unsatisfactory,

particularly their representation in higher political institutions –
Parliament and provincial Legislation which reveals great under –
representation which hampers their effective role in influencing the

8
 government initiatives and policies regarding women’s welfare and
development.

 Violation of “Right To Property”:

In most of the Indian families, women do not own property in their

own names and do not get share of parental property. Due to weak
enforcement of laws protecting them, women continue to have little
access to land and property. In fact, some of the laws discriminate
against women, when it comes to land and property rights.

 Violation of “Right to Protection of Health”:

According to the World Bank report, malnutrition is the major

cause of female infertility. The presence of excessive malnutrition
among female children as compared to male children is basically
due to differences in the intra – family allocation of food between
the male and female children.

 Violation of “Right to Equal Opportunity for Employment and

“Right to get Equa Wages for Equal Work” :

The employment of the women in agriculture, traditional industries

and in sizeable section of new industries is declining at a very fast
rate. The reason is that the adoption of new technological changes
requires new skill, knowledge and training. And women in India,
who constitute a large share of world’s illiterate lacks such skills

9
 and knowledge. Studies have also showed that for the same task,
women are paid less than the males. Thus, Indian labour market is
adverse to women workers. It shows that, the role of women in
large scale industries and technology based businesses is very
limited. But even in the small- scale industries their participation is
very low. Only 10.11% of the micro and small enterprises are
owned by women today. Statistics show that only 15% of the senior
management posts are held by the women. In agriculture where
women comprise of the majority of agricultural laborers, the
average wage of women on an average is 30 – 50 % less than that
of men.

 Violation of “Right to Live With Dignity”:

Eve Teasing And Sexual Abuse: Eve teasing is an act of terror that
violates a woman’s body, space and self – respect. It is one of the
many ways through which a woman is systematically made to feel
inferior, weak and afraid. Whether it is an obscene word whispered
into a woman’s ear, offensive remarks on her appearance, any
intrusive way of touching any part of women’s body, a gesture
which is perceived and intended to be vulgar, all these acts
represent a violation of woman’s person and her bodily integrity.

CHAPTER 3

WHAT IS CHILD LABOUR

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Considerable differences exist between the many kinds of work children
do. Some are difficult and demanding, others are more hazardous and
even morally reprehensible. Children carry out a very wide range of tasks
and activities when they work, and the objective of this chapter is to
provide an overview of some of them.

3.1 DEFINING CHILD LABOUR

Not all work done by children should be classified as child labour that is
to be targeted for elimination. Children’s or adolescents’ participation in
work that does not affect their health and personal development or
interfere with their schooling, is generally regarded as being something
positive. This includes activities such as helping their parents around the
home, assisting in a family business or earning pocket money outside
school hours and during school holidays. These kinds of activities
contribute to children’s development and to the welfare of their families;
they provide them with skills and experience, and help to prepare them to
be productive members of society during their adult life.

The term “child labour” is often defined as work that deprives children of
their childhood, their potential and their dignity, and that is harmful to
physical and mental development. It refers to work that: is mentally,
physically, socially or morally dangerous and harmful to children; and
interferes with their schooling:
– by depriving them of the opportunity to attend school;
– by obliging them to leave school prematurely; or

11
– by requiring them to attempt to combine school attendance with
excessively long and heavy work.

In its most extreme forms, child labour involves children being enslaved,
separated from their families, exposed to serious hazards and illnesses
and/or left to fend for themselves on the streets of large cities – often at a
very early age. Whether or not particular forms of “work” can be called
“child labour” depends on the child’s age, the type and hours of work
performed, the conditions under which it is performed and the objectives
pursued by individual countries. The answer varies from country to
country, as well as among sectors within Countries.

3.2 ATTITUDES TOWARDS CHILD LABOUR

There is a large group of critics that disapproves of child labour for a

range of reasons, including the following:1
 allowing children to work means stealing their childhood from
them;
 child labourers are subject to economic exploitation because they
are paid at the lowest rates, and sometimes not at all;
 children often work under the worst conditions, which can cause
physical deformations and long-term health care problems;
 some child work can perpetuate poverty because child labourers,
deprived of education or healthy physical development, are likely
to become adults with low earnings prospects;
 children often replace adult labour; employers prefer them because
they are cheap and docile;

1
Adapted from Arat, 2002
12
  the widespread use of child labour may result in lower wages for all
workers;
 countries that allow child labour are able to lower their labour
costs; thus they attract investors and also benefit from “unfair
trade” due to their low production costs.

Other observers of child labour have differences in opinion depending

upon the kinds of work that children do. Yet, most observers and
researchers - and in a few cases even the whole international community -
consider certain activities more harmful, hazardous and/or morally
reprehensible for children than others. In many cases, however, the line
between “acceptable” and “unacceptable” work for children is difficult to
draw. This occurs quite frequently, especially in rural agricultural
situations, as certain kinds of work actually form part of socio-cultural
traditions.

“ Children begin to ‘help’ their parents with both routine household

chores and ‘productive’ activities. This is considered part of the process
of learning to work and becoming familiar with ‘rules’ for harmonious
family and social relations […]. Perceptions of when childhood ends vary
according to social class and culture […]. Particularly in rural areas,
where boys and girls are simply considered ‘mini-adults’, pre-modern
notions of infancy and childhood are accentuated [and] children are
required to perform certain chores as natural parts of their roles, even at
the expense of formal schooling.
Parents often defend child work as being instructive. They say it teaches
children to be responsible, to appreciate the value of things and the effort

13
required to obtain them. Some believe it enables the young to learn an
occupation or trade with which to support themselves as adults […].
The underlying concept seems to be that all family members are
economic providers and that work prepares children for assuming adult
roles. In situations where the family acts as an economic unit, the work of
children is widely accepted and may even be essential, particularly work
by older children. But parents also justify child work, saying that it
contributes to children’s responsibility, autonomy and strength to support
difficulties and sacrifices. Very little value, however, is attached to play
and leisure, which are seen by most parents in low-income families as a
waste of time […]. Perceptions of schooling are ambiguous. Parents
appreciate the possibility for children to learn how to read and write.
Peasants and the rural poor in general often think education is irrelevant;
when school and work are in conflict, these parents tend to value work
more, since it brings immediate benefits for the subsistence of the family.
Many parents fear school will teach their children to rebel against the
family’s traditions and norms. Others fear that the children will learn bad
habits away from home.”2

In the following quote, the author S. L. Bachman compares “a list of

commonly accepted ideas about child labour,” which can sometimes be
quite negative, to results that have emerged from new studies of child
development. Based on these studies she makes a strong distinction
between work that has a positive influence and work that has bad or
detrimental effects on the child.

2
Salazar and Glasinovich, 1998
14
“On the first list are the ideas that all work for children is bad; that all
work under a certain age is bad [and that] all wage employment for
children is wrong; work for unrelated adults is more likely to be harmful
than is work for relatives; work at night, and in some industries,
occupations and sectors is by definition harmful. Other occupations
believed to be harmful by definition include: work performed for a certain
number of hours; work that threatens school participation and
performance; and work for girls, who are culturally and physically
assumed to be at greater risk than are boys. But recent studies on child
development suggest that children’s ability to work, and benefit or suffer
from it, varies significantly from child to child. Work that is ‘endorsed
culturally’ is less harmful than work that is condemned. Work that is not
‘an expression of children’s agency’ and does not allow children to learn
on the job is relatively more harmful. And, work that ‘undermines family
integration and solidarity is more likely to be harmful, while work in
isolated, hidden places is also more likely to be detrimental.’ These new
studies also show that work has many effects, some good and some bad,
not all of which can be isolated from each other. In addition, these studies
show that poor schooling can actually be detrimental to a child’s
development, and that a limited amount of work may actually be
beneficial for children, in at least some societies. Finally, if a child feels
he or she is learning from work, the work itself is likely to be less
detrimental and possibly beneficial to the individual child.”3

3.3Types of worst forms of child labour

3
Bachman, 2000
15
Many people and major international organizations make a distinction
between the worst forms activities “by definition” (also called the
“unconditional worst forms”) and those “by condition” (i.e. hazardous
work). Worst forms “by definition” are often illegal and also unacceptable
for adults. They include all those activities whose status as worst forms
cannot be altered no matter what is done to improve conditions of work.
No changes that one can imagine, for example, could improve working
conditions sufficiently to make the commercial sexual exploitation of
children or the use of children in pornography an acceptable occupation
for a child.

It was internationally agreed to tackle all of the first three categories in

the list above - slavery, trafficking, debt bondage, and other forms of
forced labour (including the forced recruitment of children for use in
armed conflict), use of children for prostitution or pornography, and illicit
activities - activities which are defined and prohibited directly by
Convention No. 182 for all children under the age of 18. There is no
scope for national decision whether or not the use of a child for
prostitution should be considered a worst form of child labour. Thus,
these are called worst forms “by definition”.

In contrast, a list of what should be prohibited for the fourth category,

hazardous work, needs to be determined on a national level. Thus, we call
it a worst form “by condition”. In addition, some of these are activities
that can be improved. If they are currently affecting the health and safety
of the children who do them, this can in some cases be changed by
altering the circumstances. A good example is adolescents above the

16
minimum working age engaged in conditions of work which are
inherently hazardous or too arduous for them. If a young person works in
a factory using machinery without safety guards, then fitting a protection
device to the machine may make it non-hazardous, and then this activity
would cease to fall under the category of worst forms as defined by
Convention 182. The kinds of hazardous work in question can be either
an occupation as such or specific tasks. The latter tend to be easier to deal
with in that it is often specific tasks and working conditions that make the
work hazardous, e.g. operation of power-driven machinery, the presence
or use of dangerous chemicals, work at night or work in isolation, and
these can sometimes be changed. Some situations are hazardous wherever
they occur, but each country needs to determine what children under 18
should be prohibited from doing in relation to conditions in this particular
country, economic sector, and so on. But in short, hazardous work is
something that children should never be permitted to do.

Examples of some of the worst forms by condition are hazardous

manufacturing operations, mining, crushing rocks, deep sea diving,
working at heights in construction, scavenging or rag-picking, or carrying
heavy loads. However, it is also important not to forget work that leaves
no physical scars but which is nonetheless likely to damage the
psychological health of the child or stunt his or her social or intellectual
development. Examples of such work are situations in which the child is
subject to verbal abuse, strain or pressure to produce something, is
exposed to adult behaviour (drinking, smoking, gambling), or in which
the child is isolated from peers or stimulation.

17
All these activities differ from one another and each has its own safety
hazards and risks, its own health effects, and its own psychological and
moral consequences for the child. In many cases children should not be
doing some of these jobs at all, or at least not the younger children. Laws
differ from country to country concerning different occupations, and in
general, the country’s official school-leaving age is the age at which a
child is permitted to work. Unfortunately, many countries do not set a
separate age for hazardous work and many younger children are involved.
This is a complicated subject, which will be discussed further.

3.3.1 Forced and slave labour

Forced labour and slave labour are not a thing of the past; they exist today
and assume many guises. They are not an occupation in themselves, but a
condition, the condition of being unfree, and they cut across many
occupations. The occupations in which most children are working as
forced or slave labourers are in agriculture, drug trafficking, commercial
sexual exploitation, and as child soldiers in (para-)military combat units.
Debt bondage to a landlord is a particular kind of forced labour that can
entrap children from poor families in agriculture without land or with too
little of it to meet their subsistence needs. If the parents become indebted,
they may have little choice but to bond their children into agricultural or
domestic labour to repay the debt. Debt bondage places children
ultimately at the mercy of the landowner (or a contractor or money-
lender), where they suffer economic hardship and are deprived of an
education. Bonded child labour flourishes in different parts of the globe -
not only in India, South Asia, with which it is most commonly linked, but

18
also in Latin America, Africa and Southeast Asia. Worldwide, at least 5.7
million children are working as forced labourers (ILO, 2002).

3.3.2 Trafficking

Trafficking may be associated with forced labour. Children are often

forced to work, or put into captive labour, by traffickers who take the
children (by persuasion, ruse or kidnapping) and sell them to employers.
Sometimes it is unfortunately the parents who accept this (or even arrange
it) because they cannot afford to feed their child any longer - or simply
because they need the money offered in order to repay their debts. Girls
are especially disadvantaged in this situation, because they are more
desirable for what they can bring to an employer through sexual
exploitation or as child domestic workers. They are not as respected in
many traditional societies and cultures as boys, and they are also often
more docile and less self-assertive by cultural training as well as being
physically weaker. However, boys are also sometimes kidnapped and
enslaved for various kinds of work, or sold to employers. A recent case of
trafficking children in West Africa caused an international scandal. These
children had been kidnapped from their villages and forced to work in
other countries of the region in a range of occupations.

3.3.3 Children in armed conflict

This category concerns a relatively small child population worldwide, less

than half a million, but one in apparent expansion as local and regional
conflicts proliferate in many countries. Children may be kidnapped and
forced into combat in rebel military units or government forces; there are
19
even cases where entire classrooms of children have been kidnapped from
their rural schools for this purpose. In a few cases the children are
persuaded to join military units by their peers or family members who are
already involved. In these cases, they may be motivated by religious
beliefs, and/or by the hope that their minority ethnic group or
impoverished region will one day enjoy political independence and
material benefits. Most often, however, the children have been coerced
into what is a form of forced labour. The actual work they do can include
wielding sophisticated weaponry at a very young age and with little
training. They may be forced to commit acts of extreme savagery, often
under the influence of drugs to dull their sensitivity and moral conscience
- and under pain of their own death if they refuse to carry out the order.
Other assignments, seemingly less horrific but highly dangerous, can
include acting as advance lookouts and guards at roadblocks; if there is an
enemy ambush they will be the first victims. Girls are used both as cooks
and as sexual workers; they live with the units and are often forced to
serve the sexual needs of large numbers of male combatants. Some girls
are also involved in armed combat. Escape for child combatants is very
difficult, and unfortunately rehabilitation even in specialized facilities has
proven very problematic. Children who have been traumatized and
obliged to commit heinous acts against other human beings or who have
been repeatedly raped over long periods may never return to total
normalcy.

3.3.4 Commercial sexual exploitation

This takes place in numerous countries. An estimated 1.8 million children

worldwide, some of them very young, are used for the gratification of
20
adults’ sexual needs (ILO, 2002). The children are most often young girls,
who may have been trafficked by intermediaries and coerced into this
activity or who fell into it through peer pressure or certain damaging
events that made it difficult for them to live “normal” lives due to trauma
or stigma (early rape, for example, that reduced their chances of
marriage). The increasingly frequent loss of parents through HIV/AIDS
and the need to earn money to support younger siblings or an ill parent, in
the absence of any education or skills and in a labour market offering
them no other possibilities, also contribute to their entry into sexual
exploitation. Sometimes this occupation is practised in their own villages,
sometimes far from home. Some of these girls contract HIV/AIDS while
still young teenagers, but they cannot obtain any of the life-extending
medicines that are available in the wealthier countries. Many return to live
in their home villages, where they are sometimes not well received
because of the double stigma of their occupation and illness, or they end
up in rehabilitation centres where both the required medicines and
counselling are usually in short supply. Other girls become pregnant and
bear children at a very young age and have to take care of them while
exercising their occupation, an occupation that offers no future prospects.
These girls, barely teenagers, are trapped by circumstances, and it is likely
that their daughters raised in this environment will be as well.
3.3.5 Dealing or trafficking in drugs

This becomes a way of life for the children who engage in it. It is an
activity encouraged and sometimes enforced by adults (perhaps including
family members) who are the de facto employers, and the child’s
involvement tends to be maintained both by the rewards of money,

21
prestige and power, and by friendships with peers who are similarly
employed. Drug-related activities can start at a very young age, and the
child’s personal drug addiction often ensues to set the seal on
involvement in the drug world.

The external environment also contributes, because the child often comes
from a community where dealing in drugs is one of the few employment
options available. Adversarial relations with the police and being known
by them, as well as by rival groups, makes it difficult for a child to opt out
of this occupation once he or she becomes identified with it. The only
way to leave is to change locations, and it is indicative that recent
research into children involved in drug trafficking in some communities
of a large country found that the dream of many of them was to earn
enough through their activity to be able to buy a house far away from
their community so that they and their families would be exposed to less
risk.

3.3.6 Manufacturing work

Manufacturing work can be a path to success in life for a girl in

Bangladesh, for example, or it can be harmful and unhealthy and thus a
hazardous worst form of child labour. The difference depends on the
conditions of the work and the age of the worker. Some workplaces are
notorious for the dangerous working conditions of both children and
adults. The glass factories of Firozabad, India, which have been the
subject of many outraged descriptions over the years, produce bangles

22
made of glass. The description below might have been found in any of at
least ten different sources.
“In the glass factories of Firozabad, near Agra, thirteen per cent of the
70,000 workers are children, according to Labour Ministry figures. Other
estimates put the number much higher. Furnaces range in temperature
from 800° C to 1,800° C. Bangles are arranged on trays by small boys for
the ‘pakaiwallah’ who places the trays inside the furnace. They also carry
burning loams of molten glass on four foot-long iron rods without
handles. Children are thus constantly moving around broken glass and
burning materials, soot and coal dust. Many of them work on late-shifts
because the furnaces are kept going all night to avoid the expense of
having to shut them down, according to several accounts that have
appeared in the Indian press.”

3.3.7 Agriculture

Large numbers of children around the world work in the farm sector.
Farming probably accounts for more hazardous child labour than
manufacturing, and tends to have a high accident rate, in the developed as
well as the developing world. The risks faced by child agricultural
workers in poor, rural communities include exposure to the elements (hot
sun, rain) as well as harmful animals and insects; they may be cut by
tough stems and the tools they use. Rising early to work in the damp and
cold, often barefoot and inadequately dressed, some develop chronic
coughs and pneumonia. The hours in the fields are long - eight to ten-hour
days are not uncommon. Children working on commercial agricultural
plantations are known to pick crops still dripping with pesticides or to

23
spray the chemicals themselves. Skin, eye, respiratory or nervous
problems can result from exposure to pesticides. Studies of children
harvesting tobacco in Tanzania indicate nausea, vomiting and fainting
from nicotine poisoning. Children involved in processing crops such as
sisal can suffer respiratory problems due to dust, or wounds from
handling the sharp, abrasive leaves. Frequent awkward or heavy lifting
and repetitive strains can permanently injure growing spines or limbs,
especially if poorly designed equipment is being used. Transport
machinery accidents can be common such as being run over by forklift
trucks, falling off or under tractors or harvesting machinery.

Children are often included as part of hired family labour for large-scale
enterprises producing for export. The use of casual labour by contractors
in plantations on a piece-rate or quota system not infrequently involves
children as cheap labour, although they are not formally hired and may be
engaged in dangerous tasks. Management can plead in such situations that
they have no direct responsibility for the health and safety of child
workers. With a dramatic rise in the use of contract labour worldwide, the
demand for child labour on farms and plantations is likely to remain
strong.

3.3.7 Domestic work

One may think that domestic work is relatively “safe” compared to other
occupations described in this chapter. However, this is not so. Since
domestic labour is usually unregulated, this type of work is often hidden

24
from the public eye. Children, particularly girls, are often exposed to cruel
treatment, forced to work excessive hours, and prohibited from attending
school.

Sometimes, they have been trafficked into the situation. Most child
domestic workers are girls, although the proportion of girls and boys
varies from place to place. Children are constantly on call and deprived of
sleep. They may get inadequate food, and may perform hazardous jobs for
which they are unprepared. In many cultures, sexual favours are seen as
simply part of the job. Girls who drop out of domestic work often run a
high risk of ending up in prostitution or other forms of commercial sexual
exploitation. Even though Convention No.182 does not mention domestic
work among the worst forms, such slavery like situations or other worst
forms of child labour need to be tackled urgently.

CHAPTER 4

CAUSES & CONSEQUNCES OF CHILD LABOUR

4.1 CAUSES OF CHILD LABOUR

25
In order to combat child labour we must understand the forces that give
rise to it. In this chapter, we will consider a wide range of factors whose
importance may vary from one situation to the next.

4.1.1 Poverty as root cause

There are several circumstances that affect child labour. Studies have
demonstrated that the most notable reason being poverty (Bhat&
Rather,2009). Decisions about child labour and schooling are generally
made by parents. If the family live below the poverty line, parents see
children as part of contributor in their family income. Basu (1998) used a
theoretical model of child labour, where he showed the only reason
parents send children to labour is because of their low income.
Consequently poor parents cannot afford schooling for their children.
Thus, mainly poor households are to send forced their children to labour
instead of sending to school. Rena (2009) shows that that poverty and
underdevelopment drives child labour. She found that the high prevalence
of poverty amongst countries, including India, China, Bangladesh,
Pakistan, Sri Lanka, Papua New Guinea, Ethiopia, Uganda, Mozambique,
Malawi, Sudan, and Chad increases the child labour. Therefore, child
labour is widespread throughout Africa, and Asia. According to the
studies & various researches they assume that tackling poverty can be a
perfect solution to reduce child labour. Beside poverty, many factors
influence the incidence of child labour which can be listed in the
following points.

4.1.2 Family size

26
Indeed, large poor households usually have more children involved in
child labour than children from smaller households, which demonstrates
family size have an effect on child labour. Parents oblige their children to
work because they are not able to manage the demands of a large size
family. There is also gender differences among household size. Not
everyone and of all age in the family are working as child labour, which
depends on the child’s age and gender, for example boys are more likely
to attended to school than girls. Older siblings often contribute more to
the family income4

4.1.3 Family condition

A growing number of children who have either lost one or both the
parents and those impacted by HIV/ADIS in the family, are forced to
work in order to support themselves and their siblings. The numbers of
orphaned children are increasing particularly in sub Saharan Africa, many
whom become street children, and live in very different circumstances 5

4.1.4 Traditional or cultural factor

Culture is another factor which is driving children into labour market.

Different cultures of many societies make children start work at very
young age which are related to traditions and cultural factors. They
assumed that children need to learn skills that can be good for their future.
4
Ahamd, 2012; Boyden J and Myers, 1998. Okpukpara et al., (2006)
5
Vandenberg,2007.
27
According to Tauson (2009) in rural areas parents prefer their children to
work because they consider it beneficial for them as they learn work
skills. According to the research there is finding out that many families in
Africa & Asia want their children to help in contributing towards family
income.6

4.1.5 Corruption

Corruption is the one of main reason for abusing resources, wherever

there is poverty; there is also corruption. According to United Nations
Development Programme (UNDP) (2012) “Corruption exacerbates
poverty and inequality, undermines human development and stability,
encourages and sustains conflict, violates human rights, and erodes the
democratic functioning of countries.”

Research have pointed out that corruption among government officials is

another reason that hinders social and economic growth and increases
poverty. Corruption can have hugely negative effect on children’s right
that deprives basic services such as health care, education and
infrastructure. Corruption can diminish children’s ability to escape
poverty. For example in many countries employers corrupt labour
inspectors to hire underage children such as India, where the incidence of
large number of child labourers indicates towards corruption.7

4.1.6 Civil war

6
Obinna E and Osita-Oleribe (2007)

7
United Nations Development Programm,2012
28
The civil war is another factor contributing to child labour. The war
destroys the economy of the country, people become much poor and all
resources go to the war. As noted in a BBC articles on September 25,
2013 that Syrian refugee families who have fled Syria's civil war send
their children to work to earn money for basic necessities of life. These
children are exposed to exploitation. Wars burn all good things that any
country could have. It brings diseases, poverty, damages, and many other
horrible things. Again, no help will be of use as long as the war is
continues.

4.1.7 Urban migration

Many rural families migrate to urban areas because of rural push and
urban pull factors. As a consequence of that, they are often forced to live
and work in the street as they lack access to basic requirements such as
food, shelter etc. and these children become street workers as vendors.
Mostly street workers are vulnerable to violence and become more
susceptible to illegal works, such as stealing, trafficking drugs and
prostitution.8 These children live in urban poverty, many child labourers
live in unhealthy poor conditions slum areas and work in poor
environment such as domestic work, or work in hotels and restaurants etc.

Many cities in developing countries have experienced rapid urbanization.

This means that the population is increasing in cities due to immigration
and natural growth. Urban poverty is a multidimensional phenomenon.
Urban poverty in developing countries faces many challenges in their
daily lives. Many poor people living under great hardship, due to
8
Yadav & Sengupta ,2009.
29
unemployment, housing shortages, violence and unhealthy environments.
The problem of poverty can have weaknesses in the economy and lack of
equity to the provision of services.9 Poverty refers to a function of social,
economic and political structures and processes that creates unequal
distribution of resources, both within and in the global context between
communities. Increased urbanization has resulted in poverty in the cities.
Urban poverty raises slums. These areas are characterized by high
unemployment, poor sanitation, inadequate access to clean drinking water
and inadequate housing. According to Dash (2013) many poor rural areas
migrates to Delhi, where migrant families and their children are forced to
work for survival and economic opportunities.

4.1.8 Globalization
Globalization is another cause of child labour. Globalization has positive
and negative impacts, nevertheless; globalization might give developing
countries the opportunity to increase their gross domestic production
(GDP) per capita via new trade possibilities and ascend their foreign
direct investment (FDI) inflows. Globalization also has brought adverse
impacts on child labour in developing countries. In recent years, many
international companies moved their production abroad. These companies
often indulge in hiring children as cheap labours as they are endurable,
and carry out commands given by their employers even if they’re abused
and exploited.10 Claims that in India, globalization has obliged more
children to work in hazardous occupations like brick kiln, motor garage,
hotels, shops, transportations, manual loading work etc.

9
Shitole 2005:129
10
Mapaure, 2009 . Mishra(2012)
30
Some studies suggest that higher income and higher standard of living can
reduce the potential problem which resulted from the increasing child
labour of globalization. Other argues that globalization will increase the
opportunity of exploiting cheap labour specially from low income
countries. For example countries like Vietnam, Mexico and Thailand have
provided evidence that child labour declines due to globalization, but
countries like Bolivia and Zambia have showed a decline in schooling and
an increase in child labour 11

CHAPTER 5

MEASURES TO ABOLISH CHILD LABOUR

5.1 Relationship between Child Labour, Family income and

Education

Lack of education or poor quality education is another factors that

contribute to high incidence of child labour. Education is considered one
of the main alternatives to abolish child labour. Practically family income
affects children's education and poor parents cannot afford to pay for
11
Ibid
31
children however, children are compel to work and are less enrolled. In
the following section provides an overview between education and child
labour and how education is most important potential substitute for child
labour second the reasons why children do not attend school. Third, how
children combining work and school. Finally the impacts of child labour
on education.

5.1.1 Child labour and schooling

Several studies and international organizations such as ILO

UNICEF, UNESCO and World Bank have confirmed that
education can reduce child labour. According to Budhwani et al.
(2004) and Bhat et al. (2009) education can be significant for
development, for example education can make children develop
and learn resulting in intelligent societies in the future, besides
education can provide skilled workers. Also, education can
improve children’s life both for themselves and their families.
Besides, well educated children can learn how to be grateful to
society and be likely to are charitable in the future when they grow
up.

According to research children who lack education or drop out of

their school, usually lack knowledge and are more vulnerable to
exploitation. As a result they become uneducated or unskilled
labour. A number of agencies such as IPEC-ILO, UNICEF,
UNESCO and World Bank are fighting against child labour by
trying to provide access to education to all children. 12 They
12
UNICEF, UNESCO, 2008
32
consider that education is a first a priority. Thus UNICEF is
working with other aid agencies, governments and UN agencies to
meet the UN Millennium Development Goals by 2015 to ensure
primary education to all children. Today many countries have
already achieved the goal of universal primary education. But, the
progress is still very slow in low income countries, for example in
Sub-Saharan Africa.

According to study the number of primary and secondary school

remains low in developing countries because millions of children
are being forced to work instead of going to school. Although there
could be different reasons other than child labour, which affects
primary school enrollment. Parental unemployment, poor quality of
teachers and high cost of education, unfortunately have affected
enrollment rates in low income countries.

5.1.2. The opportunity costs of education

The cost of education is another problem amongst poor households.

This has contributed to the exploitation of children. Schools need to
be affordable and accessible. The schools available in developing
countries may help to increase school enrollment but may not
reduce the incidence of child labour. For example it shows in rural
areas many children drop out school and contribute to household
income.

33
 Researchers argues that the quality education can help to keep
children away from work, consequently it is important for a school
to have educated teachers in adequate numbers to maintain high
students teacher ratio in the classrooms. However for many poor
parents it can be costly to send their children to school, as they
families live on children’s income and cannot afford school fees,
uniforms or other additional costs. This is a problem in developing
countries to provide quality free primary education because it will
cost money for governments .13The schools need improving
through quality teaching and learning. It is somehow very
important that each country provides educational policies to
increase education amongst children. The studies emphasized that
compulsory education legislation can help children to attend school
and tackle child labour, the policy programme regarding child
labour must provide free good quality and compulsory education to
working children in poor regions. Baht meant that quality education
for children up to fifteen years should be provided. This is how the
flow of children into the labour market can be reduced by providing
working children and former working children with educational
opportunities.
It is both illegal for children to be out of school and for them to
work. On the other hand there are many children combing work
with school or dropping out of school. There are large drop outs in
Bangladesh, India and Pakistan with 13 million children drop out-
of-school and rising. Pakistan alone has 7.3 million primary school
aged children, not enrolled in school. 14 Parents consider sending

13
Budhwani et al. 2004
14
Ibid
34
 their children to work instead of school because of the cost of
education , poor quality lack of teachers and school supplies or
poor teaching.

5.1.3. Combining school and work

Many children have to work in order to be able to go to school and

cover the direct costs of household income. ILO states that if a
child combines school with work it might be difficult for him or her
to attend school because of long hours work can interfere with class
or homework.15 However, some studies argue that child labour does
not have an impact on children’s school attendance. These include ;
that child labour and schooling may not be linked because many
child labourers who attend school also work, to enhance family
income and school fees. 45% of the children in the study combine
work and education, only 5% of the children devote their time
exclusively to work. While survey data from rural India show that
boys are more prone to attend school and to combine school with
family economic activity. However, girls are more apt to combine
domestic work with school or involved in domestic work with no
school attendance.

Research says that many child labourers attend school, and work
after school. As they need to increase family income and also to
pay for their schooling.

15
ILO Report 2004).
35
 CHAPTER 6

CONCLUSION AND SUGGESTIONS

6.1 CONCLUSION

Child labour is a significant problem in India. The prevalence of it is

shown by the child work participation rates which are higher in Indian
than in other developing countries.

36
The major determinant of child labour is poverty. Even though children
are paid less than adults, whatever income they earn is of benefit to poor
families. In addition to poverty, the lack of adequate and accessible
souces of credit forces poor parents to engage their children in the harsher
form of child labour -- bonded child labour. Some parents also feel that a
formal education is not beneficial, and that children learn work skills
through labour at a young age. These views are narrow and do not take
the long term developmental benefits of education into account. Another
determinant is access to education. In some areas, education is not
affordable, or is found to be inadequate. With no other alternatives,
children spend their time working.

The Constitution of India clearly states that child labour is wrong and that
measures should be taken to end it. The government of India has
implemented the Child Labour Act in 1986 that outlaws child labour in
certain areas and sets the minimum age of employment at fourteen. This
Act falls short of making all child labour illegal, and fails to meet the ILO
guideline concerning the minimum age of employment set at fifteen years
of age. Though policies are in place that could potentially reduce the
incidence of child labour, enforcement is a problem. If child labour is to
be eradicated in India, the government and those responsible for
enforcement need to start doing their jobs. Policies can and will be
developed concerning child labour, but without enforcement they are all
useless.

The state of education in India also needs to be improved. High illiteracy

and dropout rates are reflective of the inadequacy of the educational
system. Poverty plays a role in the ineffectiveness of the educational

37
system. Dropout rates are high because children are forced to work in
order to support their families. The attitudes of the people also contribute
to the lack of enrollment -- parents feel that work develops skills that can
be used to earn an income, while education does not help in this matter.
Compulsory education may help in regard to these attitudes. The
examples of Sri Lanka and Kerala show that compulsory education has
worked in those areas. There are differences between Sri Lanka, Kerala
and the rest of India. What types of social welfare structures do these
places have? What are the attitudes of the people? Is there some other
reason why the labour market for child labourers is poor in these areas?
These are some questions that need to be answered before applying the
concept of compulsory education to India? India is making progress in
terms of educational policy. The DPEP has been implemented only four
years ago, and so results are not apparent at this time. Hopefully the
future will show that this program has made progress towards universal
education, and eradicating child labour.

Child labour cannot be eliminated by focusing on one determinant, for

example education, or by brute enforcement of child labour laws. The
government of India must ensure that the needs of the poor are filled
before attacking child labour. If poverty is addressed, the need for child
labour will automatically diminish. No matter how hard India tries, child
labour always will exist until the need for it is removed. The development
of India as a nation is being hampered by child labour. Children are
growing up illiterate because they have been working and not attending
school. A cycle of poverty is formed and the need for child labour is
reborn after every generation. India needs to address the situation by
tackling the underlying causes of child labour through governmental
38
policies and the enforcement of these policies. Only then will India
succeed in the fight against child labour.

6.2 SUGGESTIONS

The human development profile in India is stagnating with the massive

employment of children in deplorable conditions. The daunting task of
survival stares at the faces of the millions of children. They are alien to
the spirit of manhood as the human rights and fundamental freedoms have
turned hostile. The_state cannot look upon the spectacle silently as
children constitute the foundation of the nation.

1) Eradication of Poverty :
As the premier thrust of social development aims at eradication of
poverty, efforts shall be made discreetly through policies and programmes
of action to keep at bay the factors working unison in the perpetuation of
the evil. The anti-poverty schemes like Jawahar Rozgar Yojana,
Integrated Rural Development Programme and National Social Assistance
Scheme are significant point to this direction.

2) Free & Compulsory Education

Our constitution has given us Right to Education and from 6 years to 14
years. But the implementation of that right is also necessity.

3) Residential School
In all fairness to children and in the interest of the well-being of the
society and in compliance with the true spirit of humanism, the basic
needs of the children must be met by the state and they must be protected

39
against economic exploitation. The appropriate institution for the purpose
is the residential school where children below the age of 14 who are
otherwise destitutes vlould be provided with the comfort of being children
enjoying their ‘childhood’ in reality. Children in the residential school
would be provided with nutritive food enough to ensure good health.
Provision of health care would also be on the top of agenda and the
education would be at their door step. Above all, farewell to employment
would be a new path they could tread upon cheerfully. This is in
consonance with the strategy of lLO suggesting a broader approach
through suitable alternatives. Such schools may be established and
maintained at least in child-labour intensive areas.

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42