Introduction :-
Child labor is done by any working child who is under the age specified by law. The word, “work” means full time commercial work to sustain self or add to the family income. Child labor is a hazard to a Child’s mental, physical, social, educational, emotional and spiritual development. Broadly any child who is employed in activities to feed self and family is being subjected to “child labor’. Child labor in India is a human right issue for the whole world. It is a serious and extensive problem, with many children under the age of fourteen working in carpet making factories, glass blowing units and making fireworks with bare little hands. According to the statistics given by Indian government there are 20 million child laborers in the country, while other agencies claim that it is 50 million. The first general laws against child labour, the Factory Acts, were passed in Britain in the first half of the 19th century.
Children younger than nine were not allowed to work and the work day of youth under the age of 18 was limited to twelve hours.Refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries. Child labour was utilized to varying extents through most of history, but entered public dispute with the advent of universal schooling, with changes in working conditions during the industrial revolution, and with the emergence of the concepts of workers' and children's rights.
In many developed countries, it is considered inappropriate or exploitative if a child below a certain age works (excluding household chores or school-related work). An employer is usually not permitted to hire a child below a certain minimum age. This minimum age depends on the country and the type of work involved. States ratifying the Minimum Age Convention adopted by the International Labour Organization in 1973, have adopted minimum ages varying from 14 to 16. Child labor laws in the United States set the minimum age to work in an establishment without restrictions and without parents' consent at age 16. The incidence of child labour in the world decreased from 25 to 10 percent between 1960 and 2003, according to the World Bank.
Historical:-
During the Industrial Revolution, children as young as four were employed in production factories with dangerous, and often fatal, working conditions. Based on this understanding of the use of children as labourers, it is now considered by wealthy countries to be a human rights violation, and is outlawed, while some poorer countries may allow or tolerate child labour. Child labour can also be defined as the full-time employment of children who are under a minimum legal age.
The Victorian era became notorious for employing young children in factories and mines and as chimney sweeps. Child labour played an important role in the Industrial Revolution from its outset, often brought about by economic hardship, Charles Dickens for example worked at the age of 12 in a blacking factory, with his family in debtor's prison. The children of the poor were expected to help towards the family budget, often working long hours in dangerous jobs and low wages. In England and Scotland in 1788, two-thirds of the workers in 143 water-powered cotton mills were described as children.
Agile boys were employed by the chimney sweeps; small children were employed to scramble under machinery to retrieve cotton bobbins; and children were also employed to work in coal mines to crawl through tunnels too narrow and low for adults. Children also worked as errand boys, crossing sweepers, shoe blacks, or selling matches, flowers and other cheap goods. Some children undertook work as apprentices to respectable trades, such as building or as domestic servants (there were over 120,000 domestic servants in London in the mid 18th Century). Working hours were long: builders worked 64 hours a week in summer and 52 in winter, while domestic servants worked 80 hour weeks. The industrial revolution caused unspeakable misery both in England and in America. ... In the Lancashire cotton mills (from which Marx and Engels derived their livelihood), children worked from 12 to 16 hours a day; they often began working at the age of six or seven. Children had to be beaten to keep them from falling asleep while at work; in spite of this, many failed to keep awake and were mutilated or killed. Parents had to submit to the infliction of these atrocities upon their children, because they themselves were in a desperate plight. Craftsmen had been thrown out of work by the machines; rural labourers were compelled to migrate to the towns by the Enclosure Acts, which used Parliament to make landowners richer by making peasants destitute; trade unions were illegal until 1824; the government employed agents provocateurs to try to get revolutionary sentiments out of wage-earners, who were then deported or hanged. Such was the first effect of machinery in England.
Children as young as three were put to work. A high number of children also worked as prostitutes. In coal mines children began work at the age of five and generally died before the age of 25. Many children (and adults) worked 16 hour days. As early as 1802 and 1819 Factory Acts were passed to regulate the working hours of workhouse children in factories and cotton mills to 12 hours per day. These acts were largely ineffective and after radical agitation, by for example the "Short Time Committees" in 1831, a Royal Commission recommended in 1833 that children aged 11–18 should work a maximum of 12 hours per day, children aged 9–11 a maximum of eight hours, and children under the age of nine were no longer permitted to work. This act however only applied to the textile industry, and further agitation led to another act in 1847 limiting both adults and children to 10 hour working days.
By 1900, there were 1.7 million child labourers reported in American industry under the age of fifteen. The number of children under the age of 15 who worked in industrial jobs for wages climbed to 2 million in 1910.
Child Labour Today:-
Child labor is a very complicated development issue, effecting human society all over the world. It is a matter of grave concern that children are not receiving the education and leisure which is important for their growing years, because they are sucked into commercial and laborious activities which is meant for people beyond their years. According to the statistics given by ILO and other official agencies 73 million children between 10 to 14 years of age employed in economic activities all over the world. The figure translates into 13.2 of all children between 10 to 14 being subjected to child labour.
Child labor is most rampant in Asia with 44.6 million or 13% percent of its children doing commercial work followed by Africa at 23.6 million or 26.3% which is the highest rate and Latin America at 5.1 million that is 9.8%. In India 14.4 % children between 10 and 14 years of age are employed in child labor. in Bangladesh 30.1%, in China 11.6%,in Pakistan 17.7%, in Turkey 24%, in Cote D’lvoire 20.5%, in Egypt 11.2%, in Kenya 41.3% , in Nigeria 25.8%, in Senegal 31.4%, in Argentina 4.5%, in Brazil 16.1%, in Mexico 6.7%, in Italy 0.4% and in Portugal 1.8%. The above figures only give part of the picture. No reliable figures of child workers below 10 years of age are available, though they comprise a significant amount. The same is true of children in the former age group on whom no official data is available. If it was possible to count the number of child workers properly, and the number of young girls occupied in domestic labor taken into account - the figure will emerge as hundreds of million.
The problems coming from a centrally planned to market economy has led to the creation of many child workers in central and eastern Europe. Same is the case in America. The growth of the service sector, increasing provision of part time jobs and the need for flexible work force has given birth to a big market for child workers here.
Historically the working force of child workers is more in rural areas compared to urban settings. Nine out of ten village children are employed in agriculture or household industries and craftwork. In towns and cities children are more absorbed in service and trading sectors rather that marketing. This is due to the rapid urbanization of the modern world. Survey done by experimental statisticians of ILO in India, Indonesia and Senegal have revealed that child labor under the age of fourteen takes place in family enterprises mostly, with the exception of Latin America. Child labor is also found to be gender specific, with more boys than girls employed in laborious activities. But this is also because it is difficult to take a count of girls working in households.
Child labour is also prevalent in rich and industrialized countries, although less compared to poor nations. For example there are a large of children working for pay at home, in seasonal cycles, for street trade and small workshops in Southern Europe. India is a glaring example of a nation hounded by the evil of child labor. It is estimated that there are 60 to 115 million working children in India- which was the highest in 1996 according to human rights watch.
Labour law:-
Labour law (or "labor", or "employment" law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution.
Collective labour law:-
Collective labour law concerns the tripartite relationship between employer, employee and trade unions. Trade unions, sometimes called "labour unions"
Trade unios:-
Some countries require unions to follow particular procedures before taking certain actions. For example, some countries require that unions ballot the membership to approve a strike or to approve using members' dues for political projects. Laws may guarantee the right to join a union (banning employer discrimination), or remain silent in this respect. Some legal codes may allow unions to place a set of obligations on their members, including the requirement to follow a majority decision in a strike vote. Some restrict this, such as the 'right to work' legislation in some of the United States.
A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. Throughout history, workers have used tactics such as the go-slow, sabotage, or just not turning up en-masse to gain more control over the workplace environment, or simply have to work less [2]. Some labour law explicitly bans such activity, none explicitly allows it.
Labour law history:-
Labour law arose due to the demands for workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some employers may oppose. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.
International labour law:-
One of the crucial concerns of workers and those who believe that labour rights are important[who?], is that in a globalizing economy, common social standards ought to support economic development in common markets. However, there is nothing in the way of international enforcement of labour rights, with the notable exception of labour law within the European Union. At the Doha round of trade talks through the World Trade Organization one of the items for discussion was the inclusion of some kind of minimum standard of worker protection. The chief question is whether, with the breaking down of trade barriers in the international economy, while this can benefit consumers it can also make the ability of multinational companies to bargain down wage costs even greater, in wealthier Western countries and developing nations alike. The ability of corporations to shift their supply chains from one country to another with relative ease could be the starting gun for a "regulatory race to the bottom", whereby nation states are forced into a merciless downward spiral, not only slashing tax rates and public services with it but also laws that in the short term cost employers money. Countries are forced to follow suit, on this view, because should they not foreign investment will dry up, move places with lower "burdens" and leave more people jobless and poor. This argument is by no means uncontested. The opposing view[who?] suggests that free competition for capital investment between different countries increases the dynamic efficiency of the market place. Faced with the discipline that markets enforce, countries are incentivized to invest in education, training, and skills in their workforce to obtain a comparative advantage. Government initiative is spurred, because rational long term investment will be perceived as the better choice to increasing regulation. This theory concludes that an emphasis on deregulation is more beneficial than not. That said, neither the International Labor Organization (see below), nor the European Union takes this view.
Child Labour Policy In India:-
There are specific clauses in the draft of Indian constitution dated 26th January 1950, about the child labor policy in India. These are conveyed through different articles in the Fundamental rights and the Directive Principles of the State Policy. They lay down four specific policy rules regarding child labor.
They are as following It was also decided that both the Union:-
1) ( Article 14) No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
2) Article 39-E) The state shall direct its policy towards securing that the health and strength of workers, men and women and the tender age of children are not abused and that they are not forced by economic necessity to enter vocations unsuited to there are and strength.
3) ( Article 39-f ) Children shall be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth shall be protected against moral and material abandonment.
4) (Article 45 ) The state shall endeavor to provide within a period of ten years from the commencement of the constitution for free and compulsory education for all children until they complete the age of fourteen years.
government and the State government could legislate on matters concerning child labor. Various legislative initiatives were also taken in this regard at both the State and Union level.
The main legislative measures at the national level are The Child Labor Prohibition and Regulation Act -1986 and The Factories Act -1948. The first act was categorical in prohibiting the employment of children below fourteen years of age, and identified 57 processes and 13 occupations which were considered dangerous to the health and lives of children. The details of these occupations and processes are listed in the schedule to the saidAct.
The factories act again prohibits the employment of children less than fourteen years of age. However an adolescent aged between 15 and 18 can be recruited for factory employment only after securing a fitness certificate from a medical doctor who is authorized. The Act proceeds to prescribe only four and and hour’s work period per day for children between 14 and 18 years. Children are also not allowed to work in night shifts.
Moreover, in the year 1996 the Supreme Court of India came out with a judgment in court that directed the State and Union government to make a list of all children embroiled in hazardous occupations and processes. They were then told to pull them out of work and asked to provide them with proper education of quality. The judiciary also laid down that Child Labor and Welfare Fund is set up. The contribution for this was to be received from employers who contravened the Child Labor Act.
India is also a signatory to the UN Convention on the Rights of the Child, ILO Abolition of Forced Convention – No 105 and ILO Forced labor Convention – No. 29. A National Labor Policy was also adopted in the year 1987 in accordance with India’s development strategies and aims. The National Policy was designed to reinforce the directive principles of state policy in the Indian constitution.
European labour law:-
The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). The controversial Directive on services in the internal market (aka "Bolkestein Directive") was then passed in 2006.[citation needed]
National labour law
Indian labour law:-
In brief, the position regarding compliance of the directions of the Supreme Court of India as contained in the judgement of December 10, 1996 is as under:
• The first phase of survey has been completed in all the State Governments and Union Territories except in the State of Nagaland.
• Most of the State Governments had appointed Inspectors under Section 17 of the Child Labour (Prohibition & Regulation) Act 1986 and wherever it was considered necessary, officers from other Departments were also mobilised, pooled and notified as such so that the directions of the Hon’ble Court could be fully complied with.
• On the basis of the information received so far, it is seen that in the State Governments and Union Territory Administrations of Andhra Pradesh, Goa, Harayana, Karnataka, Kerala, Madhya Predesh, Maharashtra, Orissa, Punjab, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal recovery notices have already been issued to the offending employers for collection of compensation amounting @Rs.20,000 per child employed in contravention of the provisions of the Act. The State Governments and Union Territories Administrations of Andaman and Nicobar Island, Dadra and Nagar Haveli, Chandigarh, Daman & Diu, Lakshadweep, Mizoram, Pondicherry and Sikkim have reported that it is not necessary to issue such notices as no child labour has been found to have been employed in hazardous occupations. Recovery notices in the State of Meghalaya are in the process of being served.
• The State Governments, where employment of child labour in hazardous occupations has been found, have already initiated necessary action for the constitution of the Child Labour Rehabilitation-cum-Welfare Funds at the district level in accordance with the guidelines circulated by the Ministry of Labour. While in some districts, funds have already been constituted, in others the process is underway.
• According to information received so far, the amount of compensation received from the offending employers has been as under:
(i)AndhraPradesh Rs.40,000
(ii)Haryana Rs.80,000
(iii)Karnataka Rs.60,000
(iv)MadhyaPrades Rs.20,000
(v)Maharashtra Rs.200,000
(vi)Orissa Rs.100,000
(vii)Punjab Rs.120,000
(viii)WestBengal Rs.80,000
State Governments and Union Territory Administrations of Andhra Pradesh, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Goa, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Mizoram, Orissa, Pondicherry, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal have reported that separate Labour Cells have been constituted in the State Governments for ensuring enforcement of the various provisions of the Act and /or monitoring the activities taken up in compliance with the directions of the Hon’ble Court.
• Most of the State Governments and Union Territories which have replied to the questionnaire and where employment of children in hazardous occupations has been found, have reported that besides taking action for collection of compensation @ Rs.20,000 per child employed by the offending employer, penal action has also been initiated against the employer. In the State of Orissa such action is under process, while in the State of Meghalaya and Tamil Nadu, no such action is reported to have been initiated.
The information asked for in the questionnaire is still awaited from the State Governments and Union Territories Administrations of Arunachal Pradesh, Assam, Bihar, Delhi, Gujarat, Himachal Pradesh, J&K, Nagaland and Rajasthan and would be furnished before the Supreme Court in the form of additional affidavit, when received. They have been demi-officially reminded on November 7, 1997 and again on December 3, 1997 to send their responses without delay.
That besides taking action to comply with the directions of the Supreme Court, as contained in the aforesaid judgement, the Central Government has also initiated action to amend the Child Labour (Prohibition and Regulation) Act of 1986 to make it more stringent and effective, on the basis of suggestions received from the State Governments. Necessary amendment proposal are being actively considered by the Government of India.
That besides initiating action to amend the Child Labour (Prohibition and Regulation) Act 1986, Government of India has also identified a number of new occupations and processes such as gem cutting & polishing, zari making, leather goods manufacturing, agarbatti manufacturing, lock making, sports goods manufacturing etc to mention a few, for inclusion in the Schedule to the Act so that employment in these additional occupations and process could be prohibited under Section 3 of the Act instead of being regulated.
That during the course of discussions with the representatives of ILO, it was revealed that the ILO could consider funding a second survey. Accordingly, a proposal for seeking financial assistance for conducting the survey has been sent to the International Labour Organization in Geneva. In the event of financial assistance from ILO not being available, funds for conducting the survey would be obtained from overall budgetary allocation, subject to the approval of Ministry of Finance.
That the Hon’ble Court would very kindly appreciate that the task relating to withdrawal of children from hazardous occupations and their rehabilitation, which is difficult and sensitive, cannot be the work of one single Ministry or Department or Agency. Instead it is the task of all concerned Ministries/Departments in the Central and State Governments, Central Employers’ & Trade Union Organizations, NGOs. etc. That this Hon’ble Court would also kindly appreciate that this age-old social evil cannot be eradicated by one single stroke. For grappling with and overcoming the problem of child labour in the country, which is of a formidable dimension, sustained efforts on the part of each one and everyone who is directly or indirectly concerned in the matter would need to be taken. During the last two years, the Central Government has started the National Child Labour Projects in 64 additional child labour endemic districts (taking the total number of projects to 76) and at present 105000 children are enrolled in the special schools which are being run under these projects. This respondent humbly submits that efforts would continue to be made at the Central and State level to give effect to the directions of this Hon’ble Court in letter and spirit with the ultimate objective of eliminating child labour in all its forms even though it may be somewhat difficult to precisely indicate a specific time frame by which child labour in all industries, occupations and processes can be eliminated lock, stock and barrel.
That, on the basis of the information contained in this affidavit, it is most humbly and respectfully prayed that this Hon’ble Court may be pleased to pass such orders and/or further directions as may be deemed fit and appropriate in the facts and circumstances of the case
British labour law:-
The Factory Acts (first one in 1802, then 1833) and the 1832 Master and Servant Act were the first laws regulating labour relations in the United Kingdom. The vast majority of employment law before 1960 was based upon the Law of Contract. Since then there has been a significant expansion primarily due to the "equality movement"[citation needed] and the European Union.[citation needed] There are three sources of Law: Acts of Parliament called Statutes, Statutory Regulations (made by a Secretary of State under an Act of Parliament) and Case Law (developed by various Courts).
The first significant modern day Employment Law Act was the Equal Pay Act of 1970 although as it was a somewhat radical concept it did not come into effect until 1972. This act was introduced as part of a concerted effort to bring about equality for women in the workplace. Since the election of the Labour Government in 1997, there have been many changes in UK employment law. These include enhanced maternity and paternity rights, the introduction of a National Minimum Wage and the Working Time Directive which covers working time, rest breaks and the right to paid annual leave. Discrimination law has also been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.
French labour law:-
In France the first labour laws were Waldeck Rousseau's laws passed in 1884. Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The Grenelle accords negotiated on May 25 and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise.[13] The minimum wage was also increased by 25%.[14] In 2000 Lionel Jospin's government then enacted the 35-hour workweek, down from 39 hours. Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing the demands of employers asking for more flexibility in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it was lending favour to contingent work. In 2006 he then attempted to pass the First Employment Contract (CPE) through a vote by emergency procedure, but that it was met by students and unions' protests. President Jacques Chirac finally had no choice but to repeal it.
United States labor law:-
The Wages and Hours Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work just like US citizens, without requirement of work permits. Despite the 40-hour standard maximum work week, some lines of work require more than 40-hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24 hours break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees cannot be terminated for refusing to work more than 72 hours in a work week.
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property", without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty", like the right to free speech, or a property interest.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.
Title VII of the Civil Rights Act is the principal federal statute with regard to employment discrimination prohibiting unlawful employment discrimination by public and private employers, labor organizations, training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial.
The National Labor Relations Act, enacted in 1935 as part of the New Deal legislation, guarantees workers the right to form unions and engage in collective bargaining. This legislation and its subsequent amendments are also key elements of U.S. labor law.
Present day:-
Child labour is still common in some parts of the world, it can be factory work, mining, prostitution, quarrying, agriculture, helping in the parents' business, having one's 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). Other children are forced to do tedious and repetitive jobs such as: assembling boxes, polishing shoes, stocking a store's products, or cleaning. However, rather than in factories and sweatshops, most child labour occurs in the informal sector, "selling many things on the streets, at work in agriculture or hidden away in houses—far from the reach of official labour inspectors and from media scrutiny." And all the work that they did was done in all types of weather; and was also done for minimal pay. As long as there is family poverty there will be child labour.
According to UNICEF, there are an estimated 158 million children aged 5 to 14 in child labour worldwide, excluding child domestic labour.[15] The United Nations and the International Labour Organization consider child labour exploitative,[16][17] with the UN stipulating, in article 32 of the Convention on the Rights of the Child that:States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. Although globally there is an estimated 250 milllion children working.
In the 1990s every country in the world except for Somalia and the United States became a signatory to the Convention on the Rights of the Child, or CRC. However according to the United Nations Foundation Somalia signed the convention in 2002, the delay of the signing was believed to been due to Somalia not having a government to sign the conventionThe CRC provides the strongest,[citation needed] most consistent[citation needed] international legal language prohibiting illegal child labour; however it does not make child labour illegal.
In a recent paper, Basu and Van (1998)argue that the primary cause of child labour is parental poverty. That being so, they caution against the use of a legislative ban against child labour, and argue that should be used only when there is reason to believe that a ban on child labour will cause adult wages to rise and so compensate adequately the households of the poor children. Child labour is still widely used today in many countries, including India and Bangladesh. CACL estimated that there are between 70 and 80 million child labourers in India.
Child labour accounts for 22% of the workforce in Asia, 32% in Africa, 17% in Latin America, 1% in US, Canada, Europe and other wealthy nations. The proportion of child labourers varies a lot among countries and even regions inside those countries.
Recent child labour incident:-
BBC recently reported on Primark using child labour in the manufacture of clothing. In particular a £4.00 hand embroidered shirt was the starting point of a documentary produced by BBC's Panorama (TV series) programme. The programme asks consumers to ask themselves, "Why am I only paying £4 for a hand embroidered top? This item looks handmade. Who made it for such little cost?", in addition to exposing the violent side of the child labour industry in countries where child exploitation is prevalent. As a result of the programme, Primark took action and sacked the relevant companies, and reviewed their supplier procedures.
The Firestone Tire and Rubber Company operate a metal plantation in Liberia which is the focus of a global campaign called Stop Firestone. Workers on the plantation are expected to fulfil a high production quota or their wages will be halved, so many workers brought children to work. The International Labor Rights Fund filed a lawsuit against Firestone (The International Labor Fund vs. The Firestone Tire and Rubber Company) in November 2005 on behalf of current child labourers and their parents who had also been child labourers on the plantation. On June 26, 2007, the judge in this lawsuit in Indianapolis, Indiana denied Firestone's motion to dismiss the case and allowed the lawsuit to proceed on child labour claims.
On November 21, 2005, an Indian NGO activist Junned Khan, with the help of the Labour Department and NGO Pratham mounted the country's biggest ever raid for child labour rescue in the Eastern part of New Delhi, the capital of India. The process resulted in rescue of 480 children from over 100 illegal embroidery factories operating in the crowded slum area of Seelampur. For next few weeks, government, media and NGOs were in a frenzy over the exuberant numbers of young boys, as young as 5-6 year olds, released from bondage. This rescue operation opened the eyes of the world to the menace of child labour operating right under the nose of the largest democracy in the whole world.
After the news of child labourers working in embroidery industry was uncovered in the Sunday Observer on 28 October 2007, BBA activists swung into action. The GAP Inc. in a statement accepted that the child labourers were working in production of GAP Kids blouses and has already made a statement to pull the products from the shelf. In spite of the documentation of the child labourers working in the high-street fashion and admission by all concerned parties, only the SDM could not recognise these children as working under conditions of slavery and bondage.
Distraught and desperate that these collusions by the custodians of justice, founder of BBA Kailash Satyarthi, Chairperson of Global March Against Child Labour appealed to the Honourable Chief Justice of Delhi High Court through a letter at 11.00 pm. This order by the Honourable Chief Justice comes when the government is taking an extremely retrogressive stance on the issue of child labour in sweatshops in India and threatening 'retaliatory measures' against child rights organisations.
In a parallel development, Global March Against Child Labour and BBA are in dialogue with the GAP Inc. and other stakeholders to work out a positive strategy to prevent the entry of child labour in to sweatshops and device a mechanism of monitoring and remedial action. GAP Inc. Senior Vice President, Dan Henkle in a statement said: "We have been making steady progress, and the children are now under the care of the local government. As our policy requires, the vendor with which our order was originally placed will be required to provide the children with access to schooling and job training, pay them an ongoing wage and guarantee them jobs as soon as they reach the legal working age. We will now work with the local government and with Global March to ensure that our vendor fulfils these obligations."
On October 28, Joe Eastman, president of Gap North America, responded, "We strictly prohibit the use of child labor. This is non-negotiable for us – and we are deeply concerned and upset by this allegation. As we've demonstrated in the past, Gap has a history of addressing challenges like this head-on, and our approach to this situation will be no exception. In 2006, Gap Inc. ceased business with 23 factories due to code violations. We have 90 people located around the world whose job is to ensure compliance with our Code of Vendor Conduct. As soon as we were alerted to this situation, we stopped the work order and prevented the product from being sold in stores. While violations of our strict prohibition on child labor in factories that produce product for the company are extremely rare, we have called an urgent meeting with our suppliers in the region to reinforce our policies."
In early August 2008, Iowa Labor Commissioner David Neil announced that his department had found that Agriprocessors, a kosher meatpacking company in Postville which had recently been raided by Immigration and Customs Enforcement, had employed 57 minors, some as young as 14, in violation of state law prohibiting anyone under 18 from working in a meatpacking plant. Neil announced that he was turning the case over to the state Attorney General for prosecution, claiming that his department's inquiry had discovered "egregious violations of virtually every aspect of Iowa's child labor laws." Agriprocessors claimed that it was at a loss to understand the allegations.
In 1997, research indicated that the number of child labourers in the silk-weaving industry in the district of Kanchipuram in India exceeded 40,000. This included children who were bonded labourers to loom owners. Rural Institute for Development Education undertook many activities to improve the situation of child labourers. Working collaboratively, RIDE brought down the number of child labourers to less than 4,000 by 2007 Child labour is also often used in the production of cocoa powder, used to make chocolate. See Economics of cocoa.
In December 2009, campaigners in the UK called on two leading high street retailers to stop selling clothes made with cotton which may have been picked by children. Anti-Slavery International and the Environmental Justice Foundation (EJF) accused H&M and Zara of using cotton suppliers in Bangladesh. It is also suspected that many of their raw materials originates from Uzbekistan, where children aged 10 are forced to work in the fields. The activists were calling to ban the use of Uzbek cotton and implement a "track and trace" systems to guarantee an ethical responsible source of the material.
H&M said it "does not accept" child labour and "seeks to avoid" using Uzbek cotton, but admitted it did "not have any reliable methods" to ensure Uzbek cotton did not end up in any of its products. Inditex, the owner of Zara, said its code of conduct banned child labour.
Defence of child labour:-
complicity in purchasing products assembled or otherwise manufactured in developing countries with child labour. However, others have raised concerns that boycotting products manufactured through child labour may force these children to turn to more dangerous or strenuous professions, such as prostitution or agriculture. For example, a UNICEF study found that after the Child Labor Deterrence Act was introduced in the US, an estimated 50,000 children were dismissed from their garment industry jobs in Bangladesh, leaving many to resort to jobs such as "stone-crushing, street hustling, and prostitution", jobs that are "more hazardous and exploitative than garment production". The study suggests that boycotts are "blunt instruments with long-term consequences, that can actually harm rather than help the children involved."
According to Milton Friedman, before the Industrial Revolution virtually all children worked in agriculture. During the Industrial Revolution many of these children moved from farm work to factory work. Over time, as real wages rose, parents became able to afford to send their children to school instead of work and as a result child labour declined, both before and after legislation.[31]
Austrian school economist Murray Rothbard also defended child labour, stating that British and American children of the pre- and post-Industrial Revolution lived and suffered in infinitely worse conditions where jobs were not available for them and went "voluntarily and gladly" to work in factories.
However, the British historian and socialist E. P. Thompson in The Making of the English Working Class draws a qualitative distinction between child domestic work and participation in the wider (waged) labour market.[5] Further, the usefulness of the experience of the industrial revolution in making predictions about current trends has been disputed. Economic historian Hugh Cunningham, author of Children and Childhood in Western Society Since 1500, notes that:
"Fifty years ago it might have been assumed that, just as child labour had declined in the developed world in the late nineteenth and early twentieth centuries, so it would also, in a trickle-down fashion, in the rest of the world. Its failure to do that, and its re-emergence in the developed world, raise questions about its role in any economy, whether national or global."
According to Thomas DeGregori, an economics professor at the University of Houston, in an article published by the Cato Institute, a libertarian think-tank operating in Washington D.C., "it is clear that technological and economic change are vital ingredients in getting children out of the workplace and into schools. Then they can grow to become productive adults and live longer, healthier lives. However, in poor countries like Bangladesh, working children are essential for survival in many families, as they were in our own heritage until the late 19th century. So, while the struggle to end child labour is necessary, getting there often requires taking different routes—and, sadly, there are many political obstacles.
Lawrence Reed, president of the Foundation for Economic Education contends that the infamously brutal child labour conditions during the early industrial revolution were those of "apprentice children" (who were forced to work, even actually sold as slaves, by government-owned Workhouses) and not those of "free-work children" (those who worked voluntarily). So, the government and State-managed institutions, and not Laissez-faire capitalism, is to blame. He further contends that, although work conditions of free-work children were far from ideal, those have been wildly exaggerated in such "authoritative" sources as the Sadler report, a fact that even the anti-capitalist Friedrich Engels acknowledged.[34]
Efforts against child labour:-
The International Labour Organization’s International Programme on the Elimination of Child Labour (IPEC) was created in 1992 with the overall goal of the progressive elimination of child labour, which was to be achieved through strengthening the capacity of countries to deal with the problem and promoting a worldwide movement to combat child labour. IPEC currently has operations in 88 countries, with an annual expenditure on technical cooperation projects that reached over US$61 million in 2008. It is the largest programme of its kind globally and the biggest single operational programme of the ILO.
The number and range of IPEC’s partners have expanded over the years and now include employers’ and workers’ organizations, other international and government agencies, private businesses, community-based organizations, NGOs, the media, parliamentarians, the judiciary, universities, religious groups and, of course, children and their families.
IPEC's work to eliminate child labour is an important facet of the ILO's Decent Work Agenda. Child labour not only prevents children from acquiring the skills and education they need for a better future, it also perpetuates poverty and affects national economies through losses in competitiveness, productivity and potential income. Withdrawing children from child labour, providing them with education and assisting their families with training and employment opportunities contribute directly to creating decent work for adults.
Contract of employment:-
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things to protect employees, and facilitate a fluid labour market. In the U.S. for example, majority of state laws allow for employment to be "at will", meaning the employer can terminate an employee from a position for any reason, so long as the reason is not an illegal reason, including a termination in violation of public policy.
One example in many countries is the duty to provide written particulars of employment with the essentialia negotii (Latin for essential terms) to an employee. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is.
Minimum age:-
There may be law stating the minimum amount that a worker can be paid per hour. Australia, Belgium, Canada, China, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.
Minimum wages are regulated and stipulated also in some countries that lack specific laws. In Sweden, for instance, minimum wages are negotiated between the labour market parties (unions and employer organisations) through collective agreements that also cover non-union workers and non-organised employers.
Minimum wage laws were first introduced nationally in the United States in 1938, India in 1948, France in 1950, and in the United Kingdom in 1998. In the European Union, 18 out of 25 member states currently have national minimum wages.
Working time:-
Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of industrialism and the introduction of machinery, longer hours became far more common, with 14–15 hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of persons working in the new water-powered textile factories were children.[8] The eight-hour movement's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.
After England, Germany was the first European country to pass labour laws; Chancellor Bismarck's main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag. The Chancellor, then, adopted a different approach to tackling socialism. To appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security. The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, while old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government.
In France, the first labour law was voted in 1841. However, it limited only under-age miners' hours, and it was not until the Third Republic that labour law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions. With the Matignon Accords, the Popular Front (1936–38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime).
• Lochner v. New York, 198 U.S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10 hour day.
Health and safety:-Other labour laws involve safety concerning workers. The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers.
Anti-discrimination:-This clause means that discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination.
Unfair dismissal:-The International Labour Organisation states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the Longjumeau (Essonne) conseil des prud'hommes (labour law court) judged the New Employment Contract (CNE) contrary to international law, and therefore "illegitimate" and "without any juridical value". The court considered that the two-years period of "fire at will" (without any legal motive) was "unreasonable", and contrary to convention no. 158, ratified by France.[9][10]
Legal working age:-
The legal working age is the minimum age required by law for a person to work, in each country or jurisdiction. Some types of labor are commonly prohibited even for those above the working age, if they have not reached yet the age of majority. Activities that are dangerous, harmful to the health or that may affect the morals of minors fall into this category.
Working age by country
• United States
o New Jersey - 13 for some jobs, 14 for others, 16 for most, 18 for all [1].
o Maryland - 14-17 with a work permit.[2].
• UK
o 13 - Part time work WorkSmart from the TUC shows that the type of work is restricted to light agricultural or horticultural work or as allowed by-laws
International Labor Organization:-
The International Labor Organization (ILO), whose headquarters are in Geneva, is one of the oldest surviving international bodies, and the only surviving international body set up at the time of the League of Nations following the First World War. Its guiding principle is that "labour is not a commodity" to be traded in the same way as goods, services or capital, and that human dignity demands equality of treatment and fairness in dealing within the workplace.[12] The ILO has drawn up numerous conventions on what ought to be the labor standards adopted by countries party to it. Countries are then obliged to ratify the Conventions in their own national law. However, there is no enforcement of this, and in practice most conventions are not agreed to, even if they are adhered to.
International Programme on the Elimination o Child Labour:-
The International Programme on the Elimination of Child Labour (IPEC) is a programme that the International Labour Organization has run since 1992. IPEC’s aim is to work towards the progressive elimination of child labour by strengthening national capacities to address child labour problems, and by creating a worldwide movement to combat it.
IPEC’s priority target groups are children in worst forms of child labour such as slavery and practices similar to slavery, such as bonded child labour and children in hazardous working conditions and occupations. IPEC also focuses on children who are particularly vulnerable, i.e. very young working children (below 12 years of age), and working girl children.
The political will and commitment of individual governments to address child labour in cooperation with employers' and workers' organizations, other non-governmental organizations and relevant parties in society – such as universities and the media – is the starting point for all IPEC action. Sustainability is built in from the start through an emphasis on in-country "ownership". Support is given to partner organizations to develop and implement measures which aim at preventing child labour, withdrawing children from hazardous work and providing alternatives, and improving the working conditions as a transitional measure towards the elimination of child labour.
Strategy
A phased and multi-sectoral strategy is applied consisting of the following steps:
Motivating a broad alliance of partners to acknowledge and act against child labour.
Carrying out a situational analysis to find out about child labour problems in a country.
Assisting with developing and implementing national policies on child labour problems.
Strengthening existing organizations and setting up institutional mechanisms.
Creating awareness on the problem nationwide, in communities and workplaces.
Promoting the development and application of protective legislation.
Supporting direct action with (potential) child workers for demonstration purposes, including Time-bound Programmes to address Worst Forms of Child Labour.
Replicating and expanding successful projects into the programmes of partners.
Mainstreaming child labour issues into socio-economic policies, programmes and budgets.
THE CHILD LABOUR (ABOLITION AND REHABILITATION) BILL, 2006 A BILL
To provide for abolition of child labour in the country and for matters connected there with or incidental thereto. BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:—
This Act may be called the Child Labour (Abolition and Rehabilitation) Act,2006.
It extends to the whole of India.
It shall come into force at once.
2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means in the case of a state, Government of that State and in all other cases, Central Government;
(b) “child” means a person who has not attained the age of eighteen years;
(c) “prescribed” means prescribed by rules made under this Act.
Definitions.
AS INTRODUCED IN THE RAJYA SABHA ON THE 8TH DECEMBER, 2006.
3. Notwithstanding anything contained in any other law for the time being in force, child labour in any form is hereby abolished.
4. The appropriate Government shall ensure that no person employs any child for
performance of any of the following work, namely:—
(i) Domestic work;
(ii) Agricultural operations;
(iii) Construction activities and operations of transport industry;
(iv) Work in shop, factory, any establishment or organisation; and
(v) Manufacturing, trading or processing activity of any item. Provided that any child may work at his own residence or perform any domestic work out of his volition.
5. The appropriate Government within its territorial jurisdiction shall ensure that no establishment sells or buys any product which has been manufactured or processed by any industrial establishment or factory employing child labour and it shall be the duty of every organisation to display in bold letters, at prominent location, in the organisation that it does not deal with any activity or product where child labour is involved.
6. Whoever,—
(i) employs or compels any child to render labour for remuneration without sending him to a school shall be punished with imprisonment for a term whichmay extend to three months and a fine of rupees ten thousand.
(ii) Where an offence under this Act has been committed by a company, every person who, at the time, offences were committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offences and shall bepunished with imprisonment which may extend to six months and a fine of not less than rupees one lakh and not more than ten lakhs, and the license of that organisation shall be cancelled and he shall also be required to meet the educational
and such other requirements of the child as may be necessary for his development and education upto graduation level.
7. If any child is found to be self employed and he has no parents or guardians to support him, he shall be immediately sent to a hostel for studies by the Central Government and all expenditure on this account shall be met by the Central Government.
8. The provisions of this Act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.
9. The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
Abolition of Child Labour.
Prohibition on Child Employment.
No establishment to deal with any activity or product involving child labour.
Penalty.
Central Government to provide expenditure to the child having no parents.
Act to have overriding effect.
Power to make rules.
STATEMENT OF OBJECTS AND REASONS
Child labour is very much prevalent in our country. Millions of children are engaged in various activities like domestic, agriculture, industry, factory, construction activities, etc. Due to poverty, they are sent for work instead of schools for education. Even at the work place, they are harassed, and not even paid the minimum wages. No basic facilities are provided to them. Sometimes, children are also engaged in hazardous industries. These children are forced to work by their parents due to stark poverty. The Bill seeks to provide for abolition of child labour and provides for their rehabilitation. The Bill also proposes that no child below the age of eighteen years should be employed in any work or activity and those who employ them should not only be subjected to punishment but also they will be required to meet the cost of education of the child. Moreover, ban on selling the products of the industrial establishments or factories wherein child labour has been engaged for its manufacturing or processing, has also been proposed.Hence this Bill.
SYEDA ANWARA TAIMUR FINANCIAL MEMORANDUM
Clause 7 of the Bill provides for educational facilities to those child labour who do not have any parents or guardians. Since educational facilities are already provided in schools without any cost, only nominal expenditure will be involved from the Consolidated Fund of India. A recurring expenditure of about rupees five hundred crore per annum will be involved and a non-recurring expenditure of about rupees two hundred crore is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character. RAJYA SABHA A Bill to provide for abolition of child labour in the country and for matters connected therewith or incidental thereto.
BONDED CHILD LABOUR:-
The most inhuman and onerous form of child exploitation is the age old practice of bonded labor in India. In this, the child is sold to the loaner like a commodity for a certain period of time. His labor is treated like security or collateral security and cunning rich men procure them for small sums at exorbitant interest rates. The children who are sold as bonded labor only get a handful of coarse grain to keep them alive in return for their labor. Sometimes their period of thrall extends for a life time, and they have to simply toil hard and depend on the mercy of their owners, without any hope of release or redemption. The impoverished parents of the bonded child is usually a poor, uneducated landless laborer and the mortgagee is traditionally some big landlord, money lender or a big business man who thrives on their vulnerability to such exploitation. The practice of bonded child labor is prevalent in many parts of rural India, but is very conspicuously in the Vellore district of Tamil Nadu. Here the bonded child is allowed to reside with his parents, if he presents himself for work at 8 a.m. every day. The practice of child bonded labor persists like a scourge to humanity in spite of many laws against it. These laws although stringent and providing for imprisonment and imposition of huge fines on those who are found guilty are literally non- functional in terms of implementation.
However most of their efforts were sabotaged by high level government officials covering the fact that children were doing bonded work in factory promises. They deliberately employed their energy in running public awareness campaigns and made claims of creating propaganda against child labor, instead of punishing erring employers and freeing and rehabilitating the bonded children.
Governments did take few directions on the right track initially, but most of their efforts came to naught with time. Moreover the government efforts did not reach high profile industries like bidi, cigarette making and carpet weaving. According to Cousen Neff - an official of the Human Rights watch – “Instead of living up to its promises, the Indian government is starting to backtrack, claiming the problem is being solved. Our research shows that it is not.”
Neff also identified a major link between caste and bondage in Indian society. Dalit family’s functions as bonded labor due to caste based discrimination and violence and not poverty in many cases. The caste system in India is one of the main foundations on which the edifice of bonded labor rests. Dalits or the so called untouchable are denied access to land in India, forced to work in inhuman conditions, and expected to perform labor for free. This is due to the so called upper castes boycotting them socially and subjecting them to economic exploitation. This attitude of society keeps the poor families bonded in a scourge of perpetual poverty and labor. It is now very important for all International donors to put pressure on the Indian government to enforce bonded labor and child labor laws in the country.
CAUSE OF CHILD LABOUR
Some common causes of child labor are poverty, parental illiteracy, social apathy, ignorance, lack of education and exposure, exploitation of cheap and unorganized labor. The family practice to inculcate traditional skills in children also pulls little ones inexorably in the trap of child labor, as they never get the opportunity to learn anything else.
Absence of compulsory education at the primary level, parental ignorance regarding the bad effects of child labor, the ineffictivity of child labor laws in terms of implementation, non availability and non accessibility of schools, boring and unpractical school curriculum and cheap child labor are some other factors which encourages the phenomenon of child labor. It is also very difficult for immature minds and undeveloped bodies to understand and organize them selves against exploitation in the absence of adult guidance. Poverty and over population have been identified as the two main causes of child labor. Parents are forced to send little children into hazardous jobs for reasons of survival, even when they know it is wrong. Monetary constraints and the need for food, shelter and clothing drives their children in the trap of premature labor. Over population in some regions creates paucity of resources. When there are limited means and more mouths to feed children are driven to commercial activities and not provided for their development needs. This is the case in most Asian and African countries.
Illiterate and ignorant parents do not understand the need for wholesome proper physical, cognitive and emotional development of their child. They are themselves uneducated and unexposed, so they don’t realize the importance of education for their children. Adult unemployment and urbanization also causes child labor. Adults often find it difficult to find jobs because factory owners find it more beneficial to employ children at cheap rates. This exploitation is particularly visible in garment factories of urban areas. Adult exploitation of children is also seen in many places. Elders relax at home and live on the labor of poor helpless children.
The industrial revolution has also had a negative effect by giving rise to circumstances which encourages child labor. Sometimes multinationals prefer to employ child workers in the developing countries. This is so because they can be recruited for less pay, more work can be extracted from them and there is no union problem with them. This attitude also makes it difficult for adults to find jobs in factories, forcing them to drive their little ones to work to keep the fire burning their homes.
Child Slavery and Child Labour:-
Ask most people about slavery and they'll tell you it's a thing of the past with only rare, unfortunate occurrences today. But what most people don't know is, there are more people living as slaves than any other time in history, including the four decades of the Trans-Atlantic slave trade. That is, an estimated 27 million people live in bondage. Of that figure, it can only be estimated how many are children: five to six million. Exacerbated by extreme poverty, children are often sold into slavery by their parents or guardians. Along with paying desperate families for a child, parents are promised the child will receive food, shelter, clothing and a proper education. In many cases, however, parents are unwittingly pushing their children into a dismal life of slavery. They may never see their child again.
Children work in agriculture, domestic work, industry and the sex trade. The cocoa industry in West Africa, for instance, is one of the most notorious employers of child slaves. Young boys, ranging in age from 12 to 16, are coaxed from their villages with promises of money and a better life. Once on the farm, the children are kept against their will and work in inhumane conditions to harvest cocoa beans to sell to the world market. Child slaves are also used to manufacture cotton, rugs, and silk, among other things.
Many child slaves denied an education, freedom of movement, and freedom of information. They are confined, beaten, and terrorized and are forced to work in dangerous conditions that often result in life-long injuries. Because poverty is so widespread, children are seen as disposable and are often fed just enough to be kept alive. It seems there is always a desperate family that could be enticed to sell a child. On average, slaves are sold for US$90.
While millions of children are slaves, 246 million more are child laborers. The difference between the two is faint. Child labor is an activity performed by a child for which he/she receives compensation, no matter how little. Child labor can range from children combing landfills for things that can be recycled to children who harvest sugar cane in a field. At least 120 million children work full-time, 61 percent in Asia, 32 percent in Africa and 7 percent in Latin America.
Some children are born into bondage and are forced to follow a parent's trade. Bonded labor also occurs when a child is forced to work to pay off a debt. Many times children incur "expenses" at their workplace, for food and shelter for instance, and are unable to pay off the debt. Both child slavery and child labor cause physical and psychological damage for children. Many children attempt to escape and return home again, only to be forced into similar situations. Others live on the streets to avoid punishment and re-enslavement. In rare circumstances, children are rescued by aid and non-profit organizations who attempt to secure them a better future. Chocolate Covered Child Labour Most of our children play with teddy bears, children in West Africa play with Machetes. Why? So you can enjoy your cup of coffee.
Coffee culture is rapidly growing and the demand for chocolate never seems to stop. For every bar we buy more children are forced into child slavery on cocoa farms. Over 67% of the world's cocoa comes from West Africa. As the trading wheel of injustice spins, children are tortured, farmers go hungry, and large companies such as Nestle and Cadburys make a profit. When we consume more chocolate the demand for cocoa increases, and so farmers can make money to feed their family from the fruits of their labor. Unfortunately that is not the case as it's the corrupted trading system which dictates the price.
Instead global companies charge high prices for their products but refuse to pay a fair price for cocoa beans, the primary ingredient needed for the coffee and chocolate they sell. As a result farmers sell their beans to middlemen who then negotiate trading prices to sell on to companies. Farmers only receive half the amount of money the beans are originally bought for as the middleman receives the rest. In most cases they do not make a profit. Desperate farmers transform into corrupted farmers and become involved in the business of child trafficking. Young children wandering the streets of Ghana, and Cote d'Ivoire are lured by traffickers who promise them a life where they can earn an honest wage so they don't go hungry.
Opportunity knocks at the wrong door as children are then abducted and sold to farmers as slaves.
They are forced into painful work, long days in inhumane conditions without pay and with little food. Work includes using machetes to cut the cacao pods from high branches, and applying pesticides without protective equipment. Dangerous days and fearful nights is the typical day in the life of child slaves. Young children are psychologically deceived into staying on the farm. If they are brave enough, attempting to escape back home to their parents, they are beaten, whipped, and tortured.
According to Global Exchange.org 240,000 children have been sold as slaves in West Africa to work on coffee, cocoa, and cotton plantations, and according to a US State Department Report 15,000 of those children are aged between 9-12. While our children attend school the children we have forgotten dream of such opportunities. These children don't receive their basic right to an education instead they have a tortured life of abuse and daily beatings so you can have your Mars bar.
It's a tricky cycle to break as cocoa beans produced by slaves are hard to detect. Once the farmer gives his goods to the middleman to sell, the beans are taken to a warehouse and mixed with beans produced by paid workers. At this stage companies play the blame game by stating they have no way of detecting which beans are from slave free farms. If we refuse to use all cocoa then farmers would be under more pressure which would result in more cases of child slavery.
Global companies need to make their products fair trade. If they pay the farmers a minimum wage, farmers are obliged to form an agreement which states their working standards are democratic with no slavery involved, and their cocoa is of good quality. Direct business will mean the middleman is no longer needed and farmers can reap what they sow. It all sounds very fair and simple, so why don't all products have the fair trade label on? Because companies like Nestle are quite happy making $65 billion a year.
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 organizations. Child labour was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of workers' and children's rights.
Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's 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). Other children are forced to do tedious and repetitive jobs such as assembling boxes or polishing shoes. However, rather than in factories and sweatshops, most child labor occurs in the informal sector, "selling on the street, at work in agriculture or hidden away in houses - far from the reach of official labor inspectors and from media scrutiny." The most controversial forms of work include the military use of children as well as child prostitution. Less controversial, and often legal with some restrictions, are work as child actors and child singers, as well as agricultural work outside of the school year (seasonal work).
The future of a community is in the well being of its children. The above fact is beautifully expressed by Wordsworth in his famous lines “child is father of the man”. So it becomes imperative for the health of a nation to protect its children from premature labor which is hazardous to their mental, physical, educational and spiritual development needs. It is urgently required to save children from the murderous clutches of social injustice and educational deprivation, and ensure that they are given opportunities for healthy, normal and happy growth.
The venerable Indian poet Rabindranth Tagore has said time and again, that every country is absolutely bound by its duty to provide free primary education to its children. It is important to remember that industrialization can afford to wait but youth cannot be captured for long. It is imperative that the basic tenet made in article 24 of the Indian constitution - prohibiting the employment of any child below fourteen years of age, in a factory, mine or any other hazardous employment be stopped – be adhered to. There should be no ambiguity in ensuring the right of every child to free basic education and the Projects related with human resource development, dedicated to the child welfare issues must be given top priority by the central and state governments to stop the menace of child labor. Child labor laws need to be strictly implemented at the central and state levels. Corruption and negligence in child labor offices and employee circles should be dealt with very strictly by the judiciary and the police force. promise of the constitution should be fully implemented in the here and now.
The development needs of growing children can only be provided for, by stopping the onerous practice of child labor in organized and non organized sectors with utmost sincerity. This is the only way a nation can train its children to be wholesome future citizens, who are happy and prosperous. The provision of equal and proper opportunities for the educational needs of growing children in accordance with constitutional directives will go a long way in stopping the evil practice of child labor.
Concerned about the future of its children India has implemented a country- wide ban recently, on children below fourteen working in the hospitality sector and as domestics. It is intended that those who are found to violate the law will be fined with 430 dollars and sent into rigorous imprisonment for two years. Children in India are not allowed to work in mines, factories and other hazardous jobs already. Two more professions have been added in a list of fifty seven occupations which were considered hazardous for a child’s development needs in the ‘child labor act’ passed in 1986. Childs rights activists are waxing eloquent in high pitched voices about the absolute importance of stopping child labor. But legislation in this regard is just like an intention. It is more important to take development measures to ensure its practical application by eliminating the reasons of child labor from our society. The reasons giving birth to child labor are poverty, illiteracy, scarcity of schools, ignorance, socially regressive practices, blind customs and traditions, migration and last but not the least corruption amongst employees and government labor organizations. People should not be able to get away with employing and exploiting children.
Protect our children... Stop child labour
Child labour continues to exist throughout the world. Children work because their survival and that of their families depend on it, and in some cases, because unscrupulous adults take advantage of their vulnerability. Child labour is also due to weaknesses in education systems and is deeply rooted in cultural and social attitudes and traditions. The problem is further compounded by the fact that child labour remains hidden from public view, making the problem seem less of a priority.
What can be done about child labour?
There are many approaches, and no single magic solution. Here are some suggestions.
1. Prioritise primary education It is no coincidence that the countries where child labour is worst are those that spend least on primary education. Primary education should be free, compulsory, well-resourced, relevant and nearby. It is much easier to monitor school attendance that to inspect factories and workshops. Sponsoring a child doesn't solve this problem - it might make us feel good, but it only helps educate one child, isolating them from others in their community.
2. Regulate global trade The World Trade Organisation (WTO) is the international body charged with overseeing and enforcing the rules of world trade as drawn up during the four decades of GATT negotiations.
Given the impact that globalisation combined with economic rationalist policies have had on workers' wages, conditions, safety standards and basic rights, the global union movement is calling for additional regulation of international trading laws.
Trade unions globally are pushing for a set of rules stipulating the minimum labour standards to be included in the rules of world trade enforced by the WTO. Including core labour standards would enforce several key ILO Conventions such as the right for workers to join a trade union and bargain collectively, and the banning of child labour, as well as banning slave labour, prison labour and discrimination in the workplace.
3. Get rid of poverty Many things are needed to overcome global poverty, but two urgent steps are:
a) Get rid of Structural Adjustment Programs (SAPs): When a country has a balance of payments difficulty, the International Monetary Fund (IMF) implements a SAP for that country. This IMF program usually demands cuts to government social spending such as health and education, spending cuts which impact hardest on the poorest.
b) Restructure Third World Debt. The repayments of the poorest and most indebted countries should be redirected into spending on local health and education rather than to Western bankers. An international campaign aims to cancel the debts of the poorest countries - see the Jubilee Australia website for details and to get involved.
4. Strengthen unions Trade unions also play a crucial role in preventing and eliminating child labour. Adult workers who have the right to organise, negotiate and bargain for a living wage do not have to send their children to work. Where strong unions exist, child labour is diminished. Unions not only strongly oppose child labour on the grounds of social justice, they also resist the hiring of children at wages that undermine their own.
5. Consumer education As consumers, we are the driving force behind the global economy - let's drive it the right direction. We can raise awareness, we can question stores about the labour conditions under which their goods were made, and we can demand proper labelling. If they can tell us what's in a product, they can also tell us who made it. Where labelling exists (eg, Rugmark for hand woven carpets) support these products. Pester multinational companies to adopt codes of conduct for themselves and their subcontractors.
6. Ban the worst forms of child labour Demand the government support the ILO Convention 182 banning the worst forms of child labour such as bonded labour, work in heavy industry or with dangerous substances and commercial sexual exploitation.
7. Give the jobs of child workers to their adult relatives This way, the family does not suffer, and indeed should be better off, as adult wages are generally much higher than child wages.
8. Campaign on specific industries It's hard to take on the whole global economy, so just work industry by industry. Recent ACTU and international union campaigns have involved sporting goods made by child labour, medical instruments made by children (often exported to Australia) and the gem polishing industry in India where children polish diamonds, often sourced from Australia's Argyle diamond mine. Another recent campaign has involved the role of children in citrus juice production in Brazil.
9. Join the Fair Wear campaign Where exploitative child labour does exist in Australia, it is predominantly in the outsourced clothing industry. The Fair Wear Campaign is a coalition of unions, churches and community organisations. It works in association with the Textile, Clothing & Footwear Union and uses consumer pressure to fight for the rights of all homebased outworkers. Contact the Fair Wear Campaign for further details.
10. Education and training for women All studies show that when women are educated, trained and empowered, the incidence of labour by their children, especially girl children, drops dramatically. Your union's overseas aid agency, Union Aid Abroad-APHEDA - has many projects assisting skills training for women. Support them.
11. Our overseas aid The Australian government's overseas aid budget is approximately $1.8 billion per year. This should give it leverage to encourage other governments to enact and enforce adequate legislation banning child labour. We need to demand that a greater share of this budget goes to non-government aid agencies for primary education and teacher training, rather than to big, for-profit companies and to subsidising middle class students to study in our universities.
12. Get more data While the ILO has collected a lot of data on child labour in recent years, there are still many gaps. We need more data especially in those "hidden" areas such as domestic servants, on farms or with home-based out-workers.
WHAT ARE SOME SOLUTIONS TO STOPCHILD LABOR?
Not necessarily in this order:
1. Increased family incomes
2. Education - that helps children learn skills that will help them earn a living
3. Social services - that help children and families survive crises, such as disease, or loss of home and shelter
4. Family control of fertility - so that families are not burdened by children
The 1989 Convention on the Rights of the Child calls for children to participate in important decisions that will affect their lives.
Some educators and social scientists believe that one of the most important ways to help child workers is to ask their opinions, and involve them in constructing "solutions" to their own problems. Strong advocates of this approach are Boyden, Myers and Ling; Concerned for Working Children in Karnataka, India; many children's "unions" and "movements," and the Save the Children family of non-governmental organizations.
Women Labour Cell:
A separate Cell for women labour which was set up in 1975, is functioning in the Ministry to pay special attention to the problems of women labour. The Cell is responsible for the following task:
(i) Coordinating effort in respect of Women labour within the policy framework on women drawn by Ministry of Women and Child Development – the Nodal department on the issue.
(ii) Work in conjunction with Ministry of Women and Child Development and provide useful inputs on women workforce for effective formulation of Programmes and Policies on the subject.
(iii) Implementation of the Equal Remuneration Act, i.e., its extension to various employments/Industries and examination of the difficulties, if any, pointed out by the units/Industries.
(iv) Setting up of Advisory Committee for promotion of employment of women under the Equal Remuneration Act, 1976 and providing secretariat assistance to the Committee.
(v) Follow up action on the Supreme Court Judgement in the matter of prevention of sexual harassment of women at their work place and periodical reviews of the initiatives taken in the matter in consultation with related agencies viz. National Commission for Women, Ministry of Women and Child Development, National Labour Institute, etc.
(vi) The Cell is also administering a grants-in-aid Scheme for providing financial assistance to organization (voluntary and non-government) for taking up action programmes/projects for the benefit of women labour.
2. Equal Remuneration Act, 1976 Enforcement of the Equal Remuneration Act, 1976 : The implementation of the Equal Remuneration Act, 1976 is done at two levels. Central Sphere: The Act is being implemented by the Central Government in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oil field or major port or any corporation established by or under a Central Act. In the Central sphere, the enforcement of Equal Remuneration Act, 1976 is entrusted to the Chief Labour Commissioner ( Central ) who heads the Central Industrial Relations Machinery (CIRM). The Central Government has appointed Labour Enforcement Officers as Inspectors for the purpose of making investigation by causing production of relevant registers/records as to whether the provisions of the Equal Remuneration Act, 1976 are being complied with by the employers, who are required to maintain the roll of employee in Form-D. Assistant Labour Commissioners have been appointed as authorities for the purpose of hearing and deciding complaints with regard to the contravention of any provision of the Act, claims arising out of non payment of wages at equal rate to men and women workers. The Regional Labour Commissioners have been appointed as appellate authorities to hear complaints in respect of cases decided by the ALCs.
State Sphere: In respect of all employments other than those where the Central Government is the appropriate Government, the implementation rests with the State Governments.
In the case of employments where the State Government are appropriate authorities, the enforcement of the provisions of the E.R.Act, 1976 is done by the officials of the State Labour Department. The Central Government monitors the implementation of the provisions of the Equal Remuneration Act, 1976 by the State Governments.
Central/State Advisory Committee
A Central Advisory Committee has been set up at the Centre under the Act to advise the Government on providing increasing employment opportunities for women and generally reviewing the steps taken for effective implementation of the Act.
3. Grants-in-aid Scheme:
The Ministry is running a Grant-in-aid Scheme for the welfare of women labour. This Scheme, which has been continuing since Sixth Five Year Plan (1981-82), is administered through voluntary organizations by giving grant-in-aid to them for the following purposes:
(i) Organizing working women and educating them about their rights/duties. Legal aid to working women.
(ii) Seminars, workshops, etc. aiming at raising the general consciousness of the society about the problems of women labour.
As per the provisions of the Scheme, grants-in-aid is being provided as 75% of the total cost of the project. However, the projects relating to studies entrusted to various institutes are funded in full, i.e., 100%.
However, it has been decided that since income generation activities are better covered through schemes formulated by the Ministries of Rural Development, HRD, etc. in order to avoid duplication, we should concentrate on the projects related to creation of awareness generation among women labour/workers so that they may be educated about their rights, the number of schemes, programmes, etc. related to them being launched by various Central/State Agencies.
4. Supreme Court Guidelines on Sexual Harassment of Women Workers:
The Hon’ble Supreme Court of India, in the case of writ petition No.666-70 of 1992 filed by Vishaka & Ors.Vs State of Rajasthan & Ors. has laid down certain guidelines for the prevention of sexual harassment of women employees in their work places. The Guidelines have the force of law under Article 141 of the Constitution of India. The guidelines provide a definition as to what constitutes sexual harassment and further provides for establishment of a mechanism for redressal of complaints.
Pursuant to the judgment of the Hon’ble Supreme Court, The Ministry of Labour wrote to all the Central Ministries/Departments, the State Govts./U.Ts and CPSUs to implement the guidelines contained in the judgment in letter and spirit. The All India Services to the effect that sexual harassment at the work place constitutes a misconduct for which a Government Servant is liable for disciplinary action.
• The Deptt. of Personal and Training has amended the Central Civil Services (Contact) Rules, 1964 to the effect that sexual harassment at the work place constitutes a misconduct for which a Government Servant is liable for disciplinary action.
• The Ministry of Labour and Employment has constituted a committee to deal with sexual harassment complaints by employees of Main Secretariat of the Ministry and Subordinate Offices of Directorate General of Employment & Training and Chief Labour Commissioner (Central) and similar committee has been constituted in the V.V.Giri National Labour Institiute (NLI), Noida.
GRANT-IN-AID SCHEME FOR FINANCIAL ASSISTANCE TO ORGANISATION (VOLUNTARY AND NON GOVERNMENT) FOR TAKING UP ACTION PROGRAMMES/PROJECTS FOR THE BENEFIT OF WOMEN LABOUR
1.1 The Ministry of Labour and Employment has been financing, since 1981-82, voluntary organizations by way of grants-in-aid for taking up action oriented projects for the benefit of women labour.
1.2 Economic independence of women is one of the basic factors which can ensure equal status for women. A clear cut and well defined policy relating to women’s employment was, for the first time, embodied in the Sixth Five-Year Plan and which has been emphasized in all the Plans thereafter, laying stress on income generating schemes for women to enable them to participate actively in socio-economic development.
1.3 To achieve the above objective, Government has also been laying stress on the involvement of voluntary organizations in the development process. The Women’s Cell in the Ministry of Labour and Employment, thus encourages voluntary agencies and non-governmental agencies to formulate income-generating schemes and other action projects for women labour and renders financial assistance to such agencies for executing these projects.
2. SCOPE OF ASSISTANCE:
2.1 The amount of assistance given by the Ministry of Labour and Employment for taking up action-oriented projects aimed at benefiting women labour would normally be upto 75% of the recurring cost of the project. The remaining part of the cost including the non-recurring cost will have to be borne by the organization concerned.
2.2 Studies entrusted to various institutions will be funded in full.
2.3 Duration of assistance will depend on each project and will be for a minimum of one year and will generally be restricted to the currency of the Five Year Plan. Sanction will however be accorded for a maximum period of three years at a time. Releasing of grants for the project after a year will be subject to fulfillment of prescribed terms and conditions.
2.4 In the event of assistance being available from any other source including international organizations like ILO, UNICEF etc. for taking up the action programme on a multi aided approach, total assistance will not exceed the ceiling mentioned in Annexure-I.
3. ELIGIBILITY
3.1 The organization should be:
(i) A society under the Societies Registration Act, 1860, or
(ii) A public trust registered under any law for the time in force, or
(iii) A registered Trade Union, or
(iv) A Charitable Company licensed under Section 25 of the Companies Act or
(v) University/Institutions of higher learning.
3.2 In case of a voluntary organization:
(i) The organization should be such that its welfare and other programmes relating to women labour are accessible to the target group without any distinction of caste, religion or language.
(ii) The organization should be in a sound financial position and it should have the capacity of executing programmes effectively and smoothly. A minimum annual expenditure on items of recurring nature of the order of Rs.50,000/- approximately would, inter-alia, be considered indicate in this respect.
(iii) The organization should preferably have two years of practical experience in the implementation of welfare programmes.
4. TYPE OF ACTIVITIES FOR WHICH FINANCIAL ASSISTANCE MAY BE GIVEN:-
WOMEN LABOUR
(i) Organizing working women and educating them about their rights and duties. Legal aid to working women.
(ii) Seminar, workshops etc. aiming at raising the general consciousness of the society about the problems of women labour.
5. PROCEDURE
5.1 Organizations desirous of taking up projects for women labour shall send their applications (as filled in Form I) for central assistance to the concerned State Government. It is expected under the scheme that the State Government will send their comments about the experience, financial capability and suitability of the organization to the Ministry of Labour and Employment within three months positively.
5.2 The proposals shall be examined by a Committee with reference to all relevant factors such as eligibility, nature of activity proposed etc. If necessary, the applicant may be called to make suitable modification of the proposal w.r.t. eligibility, scope, duration, etc. This committee shall be headed by the Joint Secretary, incharge of women labour, Ministry of Labour and Employment and would include representatives from the Ministry of Women and Child Development and Education, Government of India and Financial Adviser (Ministry of Labour and Employment) or his representatives. The committee shall meet as often as necessary and at least twice, in a year preferably during the months of April and August. The decision of the committee will be conveyed to the organization in the form of an offer of Grant-in-Aid in Form II. On receipt of this offer the organization has to submit acceptance in Form III.
5.3 The organizations shall request the Ministry of Labour and Employment (in Form IV & V), directly for release of grant installments from year to year and a copy of this request/application shall be sent to the State Government by registered post. The State Government will evaluate the work of the voluntary organization/agency and will intimate the Ministry of their views from time to time. If it is felt by the State Government, that, release of grants is not proper to a particular organization, then the State Government shall send their views in this respect to the Ministry of Labour and Employment for consideration of the committee.
5.4 The G.I.A. amount for the project shall be released, subject to the terms and conditions mentioned. Renewal is automatic unless specifically terminated on grounds of breach of conditions as prescribed in para 6. The committee referred to para in 5.1 shall have such powers to recommend termination of the Grant-in-Aid after due process.
5.5 The sanction order will be issued for the entire approved project duration. Release of funds would be on an annual basis wherein 75% of the amount of assistance would be released as first installment on receipt of acceptance from the organization and balance 25% after the receipt of the progress reports in Form VI for 2 quarters.
6. TERMS AND CONDITIONS OF THE GRANT-IN-AID
(i) Grant-in-Aid shall be used for the purpose for which sanction is given. An annual certificate shall be furnished by the organization concerned that the grant-in-aid has been utilized for the purpose for which it was sanctioned.
(ii) The organization shall submit a progress report in Form VI after every three months for scrutiny by the Ministry. It would be open to the Ministry to stop further grants-in-aid, if Government feels that the desired objectives are not being achieved or if the conditions or terms of the Government of India are not adhered to.
(iii) An officer/authorized representative of the Ministry shall physically check at least once in a financial year, the work of the organization in so far as it relates to the particular study/project financed by the Ministry.
(iv) The accounts of the organization concerned shall be open to audit check by the Controller and Auditor General of India or by the representatives from this Ministry’s Internal Audit Division. The accounts shall be open to verification by officers of the Ministry or of State Government at any point of time.
(v) The amount of grant-in-aid released shall be credited to the account of the organization from where the drawal will be by cheque/draft according to the procedure prescribed by General Financial Rules.
(vi) An audited statement of accounts (in duplicate) shall be furnished to this Ministry within three months of the expiry of the time period for which grant was released.
(vii) A Utilization Certificate as per Form General Financial Rules 19 A in respect of the total grant-in-aid paid duly countersigned by a Chartered Accountant shall be furnished to this Ministry within three months of the expiry of the time period for which grant-in-aid was released.
(viii) Before a grant is released, the grantee shall execute a bond with two sureties in favour of the President of India that :
(a) the grantee will abide by the conditions of the grant by the target dates, if any, specified therein, and
(b) that he will not divert the grants and entrust execution of the scheme or work concerned to another institutions(s) or organizations(s) and
(c) he shall abide by any other conditions specified in the agreement and in the event of his failing to comply with the conditions or committing breach of the bond, the grantee and the sureties individually and jointly will be liable to refund to the President of India, the entire amount with interest thereon or the sum specified under the bond.
(d) While obtaining the prescribed bond, where it is necessary, the requirement of furnishing two sureties in addition, need not be insisted on if the grantee organization is a society registered under the Societies Registration Act, 1860, or is a Co-operative
SOME CHILD LABOUR ISSUE IN MASS MEDIA
The of the hour is to attract public attention to involveging everybody in this fight against child labour use to make child labour a matter of public concern by giving impetus to the cases highlighting.Massmedia print media and electronic media should play an important to bring back the lost childhood of child labour and to create awareness so that no child in this quagmire.
It will be not be justified if we sit back and castigate ourselves we need to get down to action creating a version for children for whom we are responsible and who look up to us with hope.
ROLE OF MEDIA COVERAGE
HINDU
Rallies, expos mark day against child labour
BHUBANESWAR: Rallies, art exhibitions and workshops marked the observance of World Day against Child Labour in Capital City on Saturday. Schoolchildren congregated at Master Canteen Square for “Red Card” campaign which is aimed at building public opinion against engaging of children as labourers.
To commemorate the day, voluntary organisations such as PECUC and Save the Children conducted an art camp for children here on Friday. As many as 46 children from Keonjhar, Balasore, Kendrapada and Khurdha districts participated in this camp. Children had reflected their perception about child labour in their drawings. Those pieces of drawing were put up in an art exhibition held at Jaydev Bhawan here on Friday. Despite law against child labour came into force three years back, the State government is yet to enforce the law in its true spirit. During past eight years the Labour Commission had launched prosecution in 326 cases and only eight convictions could be achieved.
According to government statistics, as many as 4,344 organisations were inspected by officials and 1681 child labourers were identified after ban was imposed. Of them 592 children were rehabilitated in National Child Labour Project schools and 282 were returned to their respective parents. As per 2001 census, 3,77,594 children were working in different sectors. State Labour Department survey found 2,15,222 child labourers while school and mass education department came out with a figure of 2.70 lakh school dropouts. Rights activists alleged that the State had more than 15 lakh children working in different sectors, including in hazardous places. During last three years, the State government has not been able to come up with a single transit home where rescued children could be put up for a brief period and given counselling.
HINDU,INDIAN EXPRESS
Child labour in Gujarat's cottonseed farms
09 February 2010 - In 2006 July a group of 19 adolescent boys and girls from Kherwada block of Udaipur district were hired through a middleman to work in a cottonseed farm in Mehsana district of Gujarat. There, according to the older girls in the group, the owner of the farm and his partners sexually harassed three of them. When the girls resisted, some of the group members including one girl were severally beaten and thrown out of the field. With no money in their pockets, the group had to walk back for three days and two nights to reach home.
Approximately one lakh children from the tribal-dominated southern districts of Rajasthan are trafficked to northern Gujarat to work in cottonseed fields every year. For many years now, there have been reports of sexual harassment, physical and mental torture, long hours and harsh conditions of work, low wages, as well as unsafe and unhygienic living conditions on these farms. Every year there have been cases of deaths of children; in 2009 there were as many as 11 such reports. Some of these are from snake bites and exposure to pesticides; but more gruesome than these are the rape-and-murder reports.
CONCLUSION:-
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 organizations. Child labour was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of labourers' and children's rights. Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's 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). Other children are forced to do tedious and repetitive 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 official inspectors and from media scrutiny.
