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CHILD LABOUR PROHIBITION

SIVA KASI AREA

LABOUR LAW - I
According to International Labour Organization(ILO)
child labour is, where children are deprived of their
childhood, because
They are forced to work long hours for little or no money
Deprived of education
Forced to work in conditions harmful to their mental and
physical development.
Among worldwide Asia leads by 61% and Africa by 32%
In developing countries, 250 million children aged
between 5-14 years are employees as child labour out of
which 120 million work full time
India has the highest number i.e. 12.6 million child labour
Children work in every sector :
Match stick making
Fireworks
Domestic Labour
Construction
Carpet making industry
Brick kilns

SIVAKASI, TAMIL NADU


It is known for 3 types of industries :
Fireworks, Match Sticks, Printing
90% of Indias fireworks is produced here
It constitutes 450 fireworks factories employing 40,000 workers
directly and 1 Lakh indirectly i.e. paper tube making, wire
cutting, box making
Working Conditions : 150-200 children in a bus taken to
industries,
Leave home at 3 am and reach back at 9 pm
For 2300 paper pipes, they get Rs. 20-30/day
According to ILO if child labour is banned, all children will
get education and worlds total income would increase by 22%
over 20 years i.e. $4 trillion.
According to a survey conducted in 16 industries covering
4,181 children,
Illiterate - 79.5%
Educated up to primary school level - 11.3%
Dropouts - 9.2%
Children are forced to work because of their economic
conditions, poverty and corruption
Children get health issues like : Asthma, Tuberculosis
90% of which is due to working in gun powder filling and
exposed to chemical ingredients of crackers and matches such
as sulphur, aluminium powder.
Snake Tablet : type of firework uses nitric acid cause sking
disease.
The major domestic national laws for child labour protection
are :
Bonded Labour System (Abolition) Act, 1976
Children (Pledging of Labour) Act, 1933
Factories Act, 1949
Bidi and Cigar Workers (Conditions of Employment) Act,
1966
Child Labour (Prohibition and Regulation) Act, 1986
Interstate Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979
Contract Labour (Regulation and Abolition) Act, 1970
Minimum Wages Act, 1948
Plantation Labour Act, 1950
Apprentices Act, 1961
Shops and Establishment Act, 1961
Shops and Commercial Establishment Act
The Motor Transport Workers Act, 1952
The Mines Act, 1952
The Merchant Shipping Act, 1958
Consequences of child labour :
Lower economic wide wages
Lower national income as to skilled and low productivity
workforce
Low quality products
Negative international publicity
Trade related sanctions and penalties
Action :
Total Prohibition Employment in factory, mine,
hazardous employment (Art. 24 of Constitution of India)
and occupations set forth in part A processes set forth in
Part B of schedule of the Child Labour (Prohibition and
Regulation) Act,1986 is prohibited.
Permissible Limit : Children below the age of 14 are
permitted to work in the processes set forth in Part B of the
Act provided that the occupier of such processes is a
family member or such processes are carried on in a school
managed and recognized by the Govt.
Permissible but regulatory : The children are allowed to
work in all other employments provided that it does not
fall either in the category of total prohibition limit or
permissible limit as mentioned above.
Supreme court has asked the employer
To pay 60% of wages of an adult workmen working in the
same unit.
For introducing the insurance scheme for which the
contribution will be given by the employer
It has directed to set up a- Child Labour Rehabilitation
Welfare Fund and asked the offending employer to pay
each child a compensation of Rs. 20,000/- (+ Rs. 5000/- if
they fails to provide alternative job)
The authority responsible have 2 options :
Alternative job/employment for the adult from childs
family
Fund of Rs. 25000/-
On conditions, to withdraw the child from the hazardous
employments,
The child should be allowed to continue education till 14
yrs wherein the family will be paid the interest from
deposit of Rs. 25000/-
For non hazardous jobs Inspector needs to ensure
Working hours of child should not be more than 4 to 6 hrs
a day
He/she receives education at least 2 hrs a day. The cost of
education shall be borne by the employer.
Govt. should launch Long Term Child Labour Elimination
Programme on priority basis.
Central Govt. may constitute a
Child Labour Technical Advisory Committee
It must consist of a Chairman and other member, not more
than 10, appointed by central govt.
It must have its own power
It must have sub committes, and it must contain one
member who is not a member of the committee