Child labour in India

Child labour

“Child” as defined by the child labour (prohibition and regulation) Act 1986 is a person who has not completed the age of 14 years .As a layman we can understand that Child labour is the practice of having children engage in economic activity, on a part or full time basis. Every child is considered as a gift of god, it must be nurtured with care and affection with in the family and society. But unfortunately due to the socio economic problems children were forced to work in industries, leather factories, hotels and eatery. The child labour is not an isolated phenomenon it is coupled with socio economic problem of the society so in order to eliminate child labour first we should focus on socio economic issues of the society. It is in the hands of administrative .It should bring effective measures to eliminate child labour.

According to the ILO (International Labour Organization), child labour is work carried out by children under the age of 18 that in any way exploits them, causes them mental, physical or social harm, or places them in moral danger. It is work that interferes that blocks their access to education and “deprives them of their childhood, their potential and their dignity”.

Rights of Children Under International Law:

Universal declaration of human rights 1948 –  stipulates under article 25 para 2 that childhood is entitled to special care and assistance. The above principles along with other principles of universal declaration concerning child were incorporated in the declaration of the rights of the child of 1959

International covenant on civil and political rights under Article 23 and 24 and International Covenant on economic, social and cultural rights –  under article 10 made provision for the care of the child .
International labour organisation (ILO) - provides universal standards and guideline, a specialized agency of  UN ,aims to provide guidance and standards for labour practices around the world .
Convention on the rights of  the child, 1989 It is another international instrument which protects the child.

Rights of Children Under National Laws:

India has also taken effective measure under national level. In order to eliminate child labour, India has brought constitutional, statutory development measures. The Indian constitution has consciously incorporated provisions to secure compulsory elementary education as well as the labour protection for the children. Labour commission in India have gone into the problems of child labour and have made extensive recommendations. The constitution of India, too provides certain rights to children and prohibits child labour such provisions are as follows:

1. No child below the age of 14 years shall be employed in any factory or mine or engaged in any other hazardous work.
   2.state in particular shall direct its policy towards securing that the health and strength of workers, men and women and the tender age of the children are not abused and that citizen are not forced by economic necessity to enter vocations unsuited to their age or strength.
2. Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and the dignity and that childhood and youth are protected against exploitations and against moral and material abandon.
3. The state shall endeavour to provide, within the period of 10 years from the commencement of constitution, free and compulsory education for all children until they complete the age of 14 years.
4. The state shall provide free and compulsory education to all children between the ages of 6 to 14 years as such a manner as the state may by law determine.
5. Who is parent or guardian to provide opportunities for education to his child or the case may be, ward between the age of six and fourteen years.
   There are wide range of laws ,which guarantee the substantial extent the rights and entitlement as provided in the constitution and in the UN convention.

What Are Some Solutions to the Problem of Child Labour?

Many children in hazardous and dangerous jobs are in danger of injury or even death. Between 2000 and the year 2020, the vast majority of new workers, citizens and new consumers — whose skills and needs will build the world’s economy and society — will come from developing countries. Over that 20-year period, some 730 million people have joined the world’s workforce — more than all the people employed in the most developed nations in 2000. More than 90 percent of these new workers will be from developing nations, according to research by Population Action International.

In order to fairly and adequately meet the needs of this growing workforce and not rely on child labour, a few things must be prioritised, namely:

increased family incomes

social services — that help children and families survive crises, such as disease, or loss of home and shelter

education — that helps children learn skills that will help them earn a living

Conclusion

There are many laws and regulatory departments for child labour, yet it is ineffective in controlling ongoing child labour. This is possible only when there is a cooperation of all the sections of the society and the law enforcement agencies and by removing or minimizing the causes of child labour. The main thrust should be on controlling the population of the country, education of the children and providing sufficient funds for its removal from the gross domestic product of India.