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CALC Child labour

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Submitted to
Submitted by
PIYUSH SHARMA
UNDER THE GUIDANCENEELAM MAAM

RADHIKA JANWANI

Definition of child labour


The term child labour ,suggests ILO is best
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 or work
whose schedule interferes with their ability to
attend in any manner their ability to focus
during school or Experiences a healthy
childhood. UNICEF defines child labour
differently . A child suggests UNICEF is
involved in child labour activities if between 5
to 11 years of age he or she did at least one
hour of economic activity or at least 42 years
of economic activity and domestic work per
week UNICEF in another report suggests ,
children work need to be seen as happening
along a continuum , with destructive or
exploitative work at one end and benefice
work promoting or enhancing children's

children's development without interfering with


their schooling , recreation and rest at one other
. And between these two poles are vast that need
not negatively affect a child developmetIndia
census 2001 office defines child labour as
participation of a child less than 17 years of age
in any economically productive activity with or
without compensation wages or profit . Such
participation could be physical or mental or both
this work includes part time help or unpaid work
on the farm , family enterprise or in any other
economic activity such as cultivation and milk
production for sale or domestic consumption
india government classifies child laborers into
two griops main workers are those who work 6
months or more per year. And marginal child
workers are those who work at any time during
the year but less than 6 months In a year. Some
child rights arguethat child labour must include
must include every child who is not in school
because he or she is a hidden child worker.
UNICHEF, however points out that india faces
major shortages of schools. Classrooms and
teachers particularly in rural areas where 90
percent of child labour problems is oberserved.

CHILD LAB OUR


Can we eliminate child labour ? Though it is a desirable goal the fact
remains that in the given socio-economic scenario that is prevalent in
our country, it is virtually impossible to do away with child labour. On
cannot dispute the fact that employers exploit children by paying
them much less than what they would pay in adult and the future of
the working children is runied as they will not be able to attend
schools and get educated for a better future.but when one considers
the economic compulsion of the families which force the children to
work,one will be compelled to admit that elimination of child labour
will a distant dream as long as the socio-economic status of these
families is not improved. realization the harm caused by child labour,
the indian government made laws to protect children from
exploitation at work and to improve their working confition.besides, a
comprehensive law called child labour.

Realization the harm caused by child labour ,the indian government


made the laws to protect children from exploitation at work and to
improve their working condition . Besides,a comprehsive law called
child labour(prohibition and regulation ) act.1986,was promulgated
employment of children in certain hazardous
occupations and processes .in 1987,the indian
governmet formulated national police on child
labour to protect the interest of children and
focus on general development programmes for t
he benefit of children. As a part of this policy national
child labour projects have been set up in different parts of the
country to rehabilite child labour. Under these projects, special
schools are established to prove non-formal education , vocational
traning , supplementary nutrition etc . To children who are
withdrawn from employment though elimination of child labour is
an impossible task in the current socio-economic scenario, the
indian government is committed to the task of ensuring that no
child illiterate, hungry and without medical care . When this deal will
be achieved is a million dollar question .The development countries
are exerting pressure on developing like india to eliminate child
labour. According to the current thinking the developed countries
may stop imports of these goods that involve child labour in their

Child labour is , no doubt, an evil that should be


done away with at the earliest. The prevalence of
child labour reflects very badly on society that is not
able to stop this evil. But in society where many
households may have to suffer the pangs of hunger
if the children are withdrawn from work , beggars
cant be choosers . These families have to spend
their children to work , even even if the future of
these innocents is runied ,as that is only choice open
for them to survive in this world . Therefore, unless
the socio-economic status of the poor is improved ,
india has to live with child labour.

Stop child labour


Child labour is the employment of children
under an age determined by law or custom.
This practice is considered
exploitative
by many countries and international
organization .child
labour was not seen
as a problem throughout most of history only
becoming a disputed issue with beginning
of universal schooling and the concepts of
workers and childrens rights.
Child labour can be factory work, mining or
quarrying agriculture , helping in the
parents business, having ones own small
business ( for example selling food), or doing
odd jobs . Some children work as guides for
tourists, sometimes combined with bringing
in business for shops and restaurants(where
they may also work as waiters)
.
7

Other children are forced to do tedious


are reptitive jobs such as assembling
boxes or polishing shoes. However
,rather than in factories and
sweatshops, most child labour occurs in
the informal sector,selling on the
street,at work in agriculture or hidden
away in houses far from the reach of
offical labour inspectors and from
media scrutiny.
the most controversional
forms of work include the military use
of children as well as child
prostitution . Less controversial, and
often legal with somerestrictions, are
work as child actors and child singers,
as well as agricultural work outside of

Protect our
children

India has the dubious distinction of being the nation with the
largest number of child laborers in the world .the child labors
endure miserable and difficult lives. They earn little and struggle to
make enough to feed themselves and their families. They do not go
to school; more than half of them are unable to learn the barest
skills of literacy. Poverty is one of the main reasons behind this
phenomenon. The unrelenting poverty forces the parents to push
their young children this phenomenon. The unrelenting property
forces the parents to push their young children in all forms of
hazardous occupations. Child labour is a source of income for poor
families they provide help in household enterprises or of household
chores in order to free adult household members for economic
activity elsewhere. In some cases , the study found that a childs
income accounted for between 34 and 37 percent of the total
household income. In india the emergence of child labor is also
because of unsustainable systems of landholding systems in agriculture
areas and caste systems in the rural areas.

Bonded labor refers to the


phenomenon of children working in
conditions of servitude in order to
pay their debts .the debt that
blinds them to their employer is
incurred not by the children
themselves but by their parent .
The creditors cum employers offer t
these loans to destitute parents
in an effort to secure the labor of
these children . The arrangements
between the parents and
contracting agents are usually
informal and unwritten. The
number of years required to pay off
such a loan is indermitinate .the
lower castes such as dials and
tribal make them vulnerable groups
for exploitation. The environmental
degradation and lack of
employment avenues in the rural
areas also cause people to migrate
to big cities .

On arrival in overcrowded
cities the distortion of family
units takes place through
alcoholism, unemployment or
disillusionment of better life
etc. this is turn leads through
emergence of street children
and child workers who are
forced by their circumstances
to work from the early age.
The girls are forced to work as
sex-workers or beggars . A
large number of girls end up
working as domestic workers
on low wages and unhealthy
living conditions. Some times
children are abandoned by
their parents or sold to factory
owneers. The last two decades
have seen temendous growth
of export based industries and
mass production factories
utilizing low tecnologies.

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They try to maintain competitive position through low


wages and low labor standards .the child laborers
exactly suit their requirment they use all means to lure
the parents into giving their requirment . They use all
means to lure the parents into giving their children on
pretext of providing education and good life .in india
majority of children work in industries such as cracker
making,diamond polishing ,glass brass ware carpet
weaving ,bangle making , lock making snd micca
cutting to name a few . 15% of the 100,000 children
work in the carpet industry of attar pradesh .70-80% of
the 8,000 to 50,000 children work in the glass industry
in firozabad. In the unorganised sector child labor is
paid by piece by- piece rate that result in even longer
hours for very low pay.

11

Inadequate schools , a lack of schools ,or even the expense of schooling


leaves some children with little else to do but work . The attitudes of parents
also contribute to child labor; some parents feel that children should work in
order to develop skills useful in the job market ,instead of taking advantage
of a formal education from the time of its independence , india has
committed itself to be against child labour .article 24 of the indian
constitution clearly states that no child below the age of fourteen years
shall be employed in any hazordous employment" the bonded labour system
act of 1976 fulfills the indian constitutions directive of ending forced labour
A plethora of additional protective legislation has been put in place. there
are distinct laws governing child labour in factories in commercial
establishments, on plantations and in apprenticeships. There are laws
governing the use of migrant labour and contract labour. A recent law the
child labour of 1986 designates a chlegislation has been put in place. there
are distinct laws governing child labour ild as a person who has not
completed their 14 year o of age .it purports to regulate the hours and the
conditions of child workers and to prohibit child workers in certain
enumeratd hazardous industries. However there is neither blanket
prohibition on the use of child labour universal minimum age set for child
12
workers.

All of the policies that the indian government has in place are
in accordance with the constitution of india, and all support the
eradication of child labour. The problem of child labor still
remains even though all of these policies are existent.
Enforcement is the key aspect that is lacking in the
governments efforts child labour is a global problem . If
child labour is to be eracicated, the government s and agencies
and those responsible for enforcement need to start doing their
jobs. The most important thing is to increase awarnessand
keep discussing ways and means to check this problem we
have to decide whether we are going to take up the problem
head-on and fight it any way we can or leave it to the adults
who might not be there when things go out of hand.

13

Child labour in
india

Millions of children in todays world undergo the worst


forms of child labor which includes child slavery, child
prostitution, child trafficking , child soldiers . In modern
era of material and technological advancement ,children
in almost every country are being callously exploited.
The official figure of child laborers world wide is 13
million. But the actual number is much higher of the
estimated 250 million children between the ages of 5
and 14 who are economically active, some 50 million to
60 million between the ages of 5 and 11 are engaged in
intolerable forms of labor. Among the 10 to 14 year-old
children the working rate is 41.3 percent in kenya,31.4
percent in senegal,30.1 percent in bangladesh,25.8
percent in nigeria,24 percent in turkey ,17.7 percent in
pakistan, 16.1 percent in brazil,14.4 percent in
india,11.6 percent in china ILO estimated that 250
million children between 5 and 14 work for a living and
over 50 million children under age twelve work in
hazourdous circumstances. United nations estimate

babies, are also


caught up in
this horrific
trade . They
come from all
parts of the
world .some one
million children
enter the sex
trade,exploited
by people or
circumstances .
At any one time,
more than
300,000
children under
18- girls and
boys- are
fightning as
soldiers with
government
armed forces
and armed
opposition
groups in more

15

Child labour act $ laws


After its independence from colonial rule, india
has passed a number of constitutional protections
and laws on child labour. The constitution of india
in the fundamental rights and the directive of
state policy prohobits child labour below the age
of 14 years in any factory or mine or castle or
engaged in any other hazardous employment .
The constitution also envisioned that all india
shall ,by 1960, provide infrasture and resourses
for free and compulsory education to all children
of the age six to 14 years . India has a fedral form
of government and child labour is a matter on
which the both central government and country
governments can legislate , and have. The major
national legislative developments include the
following:
The factories act of 1948; the act prohibits
the employment of children below age of 14
years vin any factory. The law also played rules
on who , whwn and how long can pre-adults

16

The child labour act of 1986::the act prohibits the


employment of children below the age of 14 years in
hazardous occupations identified in any list by the law.
The list was expanded in 2006, and again in 2008.
The juvenile justice of children act of 2000: this law
made it a crime ,punishable with a prison term, for
anyone o procure or employ a child in any hazardous
employment or in a bondage .
The right of children to free and compulsory
education act of 2009: the law mandates free and
compulsory education to all children aged 6 to 14
years . This legislation also mandated that 25 percent of
seats in every private school must be allocated for
children from disadvantaged groups and physically
challenged children.
India formulated a national policy on child labour in 1987. this policy
seeks to adopt a gradual & sequential approach with a focus on
rehabilitation of children working in hazardous occupations . It envisioned
strict working in hazardous occupations . It envisioned strict enforcement
of indian laws on child labour combined with development programs to
address the root causes of child labour such as poverty . In 1998 this led to
the national child labor project initiative. This legal and development

17

Causes of child labour


For much of human
history and across
different
cultures
,children less than 17
years
old
have
contributed to family
welfare in a variety of
ways.
UNICEF
suggests that poverty
is the big cause of
child
labour.
The
report also notes that
in
rural
and
impoverished parts of
developing
and
undeveloped parts of
the world , children
have no real and
meaningful
alternative. Schools
and teachers
are

Child labour is the


unnatural result. BBC
report
,similarly
concludes poverty and
inadequate
public
education infrastructure
are some causes of child
labour in india. Between
boys and girls , UNICEF
finds girls are two times
more likely to be out of
schools and working in
a domestic role parents
with limited resources ,
claims UNICHEF have to
choose schools coasts
and fees they can afford
when a school is
available. Girls tends to
be a lower across the
18
world.

spreading smiles through organization suggests


poverty is the greatest single force driving
children into the workplace . Income from a child
work is felt to be a crucial for his/her own survival
or that of the household . For some families,
income from their children labour is between 25
to 40% of the household income. According to a
2008 study by ILO among the most important
factors driving children to harmful lab our is the
lack of availability and quality of schooling . Many
communities , particularly rural Are do not posses
adequate school facilities . Even when schools are
sometimes available they are to away difficult to
reach, unaffordable or the quality of education is
so poor that parents wonder if going to school is
really worthwhile. In government run primary
schools even when children show-up ,
government-paid teachers do not show up 25% of
the time. The 2008 ILO study suggests that
illiteracy resulting from a child going to work
rather than a quality 19
primary and secondary
school, limits the child ability to get basic

An
albeit
older
report
published by UNICEF outlines
the issues summarized by the
ILO report. The UNICEF report
claimed that while 90% of child
labor in India is in its rural
areas , the availability and
quality of schools is decrepit;
in rural areas of India, claims
the old unicef report, about
50% of government funded
primary schools that exist do
not have a building ,40% lack
a
blackboard
,few
have
books ,and 97% of funds for
these publicly funded school
have been budgeted by the
government as salaries for the
teacher and administrators. A
2012 wall street journal article
eports while the enrollment.

India school has


dramatically increased in
recent areas to over to
96% of all children in the 614 year age group, the
infrastructure in schools
,aimed in part to reduce
child labour ,remains poorover 81,000 schools do not
have a blackboard and
about 42,000 government

Bigger and merit have studied the macroeconomic factors that


encourage child labour. They focus their study on five Asian
including india,pakisthan ,thailand and Philippines's . They suggest
that child labour is a serious problem in all five, but it is not a new
problem. Macroeconomic causes widespread child labour across the
world , over most of human history. They suggest that the causes
for child labour include both the demand and the supply side. While
poverty and unavailability of good schools explain the child labour
supply side. They suggest that the growth of low paying informal
economy rather than higher paying formal economy-called
organised economy in india- is amongst the causes of the demand
side. India has rigid labour laws and numerous economy in india is
amongst the causes of the demand side. India has rigid labour laws
and numerous regulations that prevent growth of organised sector
where work protections are easier to monitor , and work more
productive and higher paying . The unintended effect of indian
complex labour laws is the work has shifted to the unorganized ,
informal sector as a result , after the unorganized agriculture sector
which employs 60 5 of child labour ,it is the unorganized informal
sector.
21

As a result, after the unorganized agriculture


sector which employs 60 % of child labour it
is the unorganized trade , unorganized
assembly and unorganized retail work that is
thee largest employer of child labour. If
macroeconomic factors and laws prevent
growth of formal sector , the family owned
informal sector grows developing low cost ,
easy to hire easy to dismiss labour in form of
child labour . Even in situations where are
children are going to school , claim beggary
and mehrotra , children engage in routine
after school and economic activity.
22

Other scholars too suggest that flexibility and


structure of india labour market ,size of informal
activity. Other scholars too suggest that
flexibility and structure of india labors market
size, size of informal economy , inability of
industries to scale up and scale back and lack of
modern manufacturing technologies are major
macroeconomic factors demand and acceptability
of child labour. Cigna et al suggest the
government planned and implemented land
redistribution programmes in india , where poor
families were gives small plots of land with the
idea of enabling economic independence have
had the unintended effect of increased child
labour. They find that smallholder plots of land
are labour intensively farmed since small plots
cannot productivityrly afford expensive farming
equipment . In these cases a means to increase
output from the small plot has been to apply more
labour, including child labour.
23

onded child labour in Ind


Srivastava describes bonded child labour as a system of forced ,
or partly forced , labour under which the child, or usually child
parent enter into an agreement , oral or written with a creditor.
The child performs work as in kind repayment of credit. In this ilo
report , srivastva claims , debt- bondage in india emerged
during the colonial period, as a means to obtain reliable cheap
labour , with the loan and land- lease relationships implemented
during the era of indian history . These were orginally called hali,
or halwaha or jeru systems; and by colonical administration the
indentured labor systems. These systems included bobded child
labour. Over time , claims the ILO report, this traditional forms of
ling-duration relationships have declined . In 1997 , india
passed legislation that prohobots soloication or use of bonded
labour by anyone, of anyone including children. Evidence of
continug bonded child labour continue report by the special
rapporteur to indias national human rights commission
reported the discovery of 53 child
24
labourrers in 1996 in the
10,0000 to 25,0000. the children were made to work for 12 to 14

responsible. According to one


report the prospectors have no
direction from the central
government that if a child is
found to be underpaid , the case
should be prospected not only
under the minimum wages act
1948 and the child labor act 1986,
the case should include charges
under the bonded labor act of
India . The few enforcement
actions have been some
unintended effects. While there
has been a decrease in children
working in factories because of
enforcement and community
vigilance communities the report
claims poverty still comples
children and poor families to work.
The factory lends money to
whoever needs it puts a loam in
the person home and then family

25

Consequences of child labour


26

The presence of a large number of child


labourers is regarded as a serious issue in
terms of economic welfare. Children who
work fail to get necessary education. They do
not get the opportunity to develop physically,
intellectually, emotionally and
physiologically. In terms of the physical
condition of children are not ready for long
monstrous work because exhausted more
quickly than adults. This reduces their
physical conditions and makes the children
more vulnerable to disease. Children in
hazardous working conditions arte even in
worse conditions. Children who work, instead
of going to school ,will remain illiterate which
limits their ability to contribute to their own
being as well as to community they in.. Child
labour.

child's
labour
has
long
term
adverse
effects
forfor
India.
ToTo
child's
labour
has
long
term
adverse
effects
India.
keep
anan
economy
prospering
, a, vital
criteria
is is
toto
have
anan
keep
economy
prospering
a vital
criteria
have
educated
workface
equipped
with
relevant
skills
forfor
the
needs
educated
workface
equipped
with
relevant
skills
the
needs
of of
the
industries
. The
young
labourers
today,
will
bebe
a part
of of
the
industries
. The
young
labourers
today,
will
a part
India's
human
capital
tomorrow.
Child
labour
undoubtedly
results
India's
human
capital
tomorrow.
Child
labour
undoubtedly
results
in in
a trade-off
with
human
capital
accumulation.
Child
labour
in in
a trade-off
with
human
capital
accumulation.
Child
labour
India
areare
employed
with
thethe
majority
in in
agriculture
some
in in
lowIndia
employed
with
majority
agriculture
some
lowskilled
labourintensive
sectors
such
asas
sari
weaving
or or
asas
skilled
labourintensive
sectors
such
sari
weaving
domestic
helpers,
which
require
neither
formal
education
. .
domestic
helpers,
which
require
neither
formal
education

27

CHILD LABOR IN
INDIA
.
Child
Child labor
labor is
is the
the practice
practice of
of having
having
children
children engage
engage in
in economic
economic
activity
activity ,, on
on part
part or
or full-times
full-times
basis.
basis. .. The
The practice
practice deprives
deprives
children
children of
of their
their childhood,
childhood, and
and is
is
harmful
harmful to
to their
their physical
physical and
and mental
mental
development.
development. Poverty
Poverty ,, lack
lack of
of good
good
schools
schools and
and growth
growth of
of informal
informal
economy
economy are
are considered
considered as
as the
the
important
important causes
causes of
of child
child labor
labor in
in
india.
india. The
The 1998
1998 national
national causes
causes of
of
india
india estimated
estimated to
to the
the total
total number
number
of
of child
child labors,
labors, aged
aged 5-14,
5-14, to
to be
be at
at
12.6
12.6 million
million out
out of
of a
a total
total child
child
population
population of
of 253
253 million
million in
in 5-14
5-14
age
age group.
group. A
A 2009-2010
2009-2010 nationwide
nationwide
survey
survey found
found child
child prevalence
prevalence had
had
reduced
reduced to
to 19.8
19.8 million
million children.
children.

28

29

In 2001 n estimated 1% of all child workers., or about 120,000 children


in india in india were in a haxzourdous job. UNICHEf estimates that india
with its larger population, has the highest number of labourers in the
world under 14 years of age, while sub- saharan african countries have
the highest percentage of children who are developed as child labor .
International labor organization estimates that the agriculture at 60
percent is the largest employer of child labor in the world while united
nation food and agriculture organization estimates 70% of child labor is
developed in agriculture and relegated activities outside of agriculture,
child labor is observed in almost all informal sectors of the Indian
economy companies including gap, Primark Monsanto have been
criticized for child labor in their product . The companies claim they
have strict policies against selling products made by underage children
but there area many links in supply chain making it difficult to oversee
them all. In 2o11 , after three years of Primark effort ,BBC acknowledge
that its award-winning investigation journalism report of Indian child
labor. Use by primary was a fake. BBC agonized to Primark, to Indian
suppliers and all its viewers.

SADLY
SADLY ANESTIMATED
ANESTIMATED 158
158 MILLION
MILLION CHILDREN
CHILDREN AGED
AGED 5-14
5-14
ARE
ARE ENGAGED
ENGAGED IN
IN CHILD
CHILD LABOUR
LABOUR ONE
ONE IN
IN SIX
SIX CHILDREN
CHILDREN IN
IN
THE
THE WORLD.
WORLD. THE
THE PARENTS
PARENTS ARE
ARE TOLD
TOLD THAT
THAT THEIR
THEIR CHILD
CHILD
WILL
WILL RECEIVE
RECEIVE WAGES,
WAGES, BUT
BUT THESE
THESE ARE
ARE USUALLY
USUALLY TAKEN
TAKEN BY
BY
THE
THE TRAFFICER
TRAFFICER IN
IN SOUTH
SOUTH EAST
EAST AFRICA
AFRICA PARENTS
PARENTS
TTRICKRD
TTRICKRD INTO
INTO BELIEVING
BELIEVING THAT
THAT THEIR
THEIR CHILDREN
CHILDREN WILL
WILL BE
BE
GIVEN
GIVEN TRAINING
TRAINING AND
AND A
A GOOD
GOOD JOB.
JOB. THEY
THEY ARE
ARE LED
LED TO
TO
BELIEVE
BELIEVE THAT
THAT THEIR
THEIR CHILD
CHILD S
S BEING
BEING GIVEN
GIVEN AN
AN
OPPURTUNITY
OPPURTUNITY TO
TO ESCAPE
ESCAPE POVERTY
POVERTY HOWEVER
HOWEVER IT
IT IS
IS ONLY
ONLY
THE
THE FCTORY
FCTORY OWNERS
OWNERS WHO
WHO PROFIT.
PROFIT. THEY
THEY USE
USE THE
THE FREE
FREE
LABOUR
LABOUR TO
TO MAKE
MAKE CHEAP
CHEAP GOODS
GOODS FOR
FOR PEOPLE
PEOPLE IN
IN
COUNTRIES
COUNTRIES LIKE
LIKE BRITIAN
BRITIAN AND
AND America.
America. IN
IN SOUTH
SOUTH ASIA
ASIA ,,
44 MILLION ARE ENGAGED IN CHILD LABOUR.

30