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CONSTITUTIONAL PROVISIONS AND LEGISLATIONS FOR CHILD LABOUR IN INDIA
K. G. MALLIKARJUNA
Assistant Professor of Economics, SBSYM Degree College, Kurnool, Andhra Pradesh, India
ABSTRACT
Childhood is the most innocent phase in human life. It is that stage of life when the human foundations are laid for a successful adult life. Many children, instead of spending it in a carefree and fun-loving manner while learning and playing, are scarred and tormented. They hate their childhood and would do anything to get out of the dungeons of being children and controlled and tortured by others. They would love to break-free from this world, but continue to be where they are, not out of choice, but force.
KEYWORDS: Shramyogi, Problem of Child Labour, Royal Commission on Child Labour
INTRODUCTION
The problem of child labour in India is one of great magnitude compared to other developing countries of the world. Not only is it eating into the very vitals of the democracy but also is affecting our productive efficiency. As a child is forced to labour under sub-human and inhuman conditions, its health is shattered and growth shunted. Thus it affects our social production in the long run. It is in recognition of this fundamental fact that much thought has been paid to the subject of child labour both in the pre-independent and post-independent periods and by the framers of our constitution. Result of this is a plethora of legislation that aims at prohibiting the incidence of child labour. Certain other legislation, while accepting the reality of employment of children in certain selected areas, tries to regulate their work environment, pay, hours of work etc.
India is sadly the home to the largest number of child labourers in the world. The census found an increase in the number of child labourers from 11.28 million in 1991 to 12.59 million in 2001. M.V. Foundation in Andhra Pradesh found nearly 400,000 children, mostly girls between seven and 14 years of age, toiling for 14-16 hours a day in cottonseed production across the country of which 90% are employed in Andhra Pradesh. 40% of the labour in a precious stone cutting sector is children. NGOs have discovered the use of child labourers in mining industry in Bellary District in Karnataka in spite of a harsh ban on the same. In urban areas there is a high employment of children in the zari and embroidery industry.
A child is the wealth of a nation. The word „Shramyogi; is a misnomer. In India 14th^ November is celebrated as Children‟s day and 30th^ June is observed as Child Labour Day.
SIGNIFICANCE OF THE STUDY
Innocent children are employed by industries and individuals who put them to work under grueling circumstances. They are made to work for long hours in dangerous factory units and sometimes made to carry load even heavier than their own body weight. Then there are individual households that hire children as domestic help and beat and physically torture them when they make a mistake. The children are at times made to starve and are given worn out clothes to wear. Such is the story of millions of children in India painful and yet true. In this context, there is a need to study the protection and
International Journal of Economics, Commerce and Research (IJECR) ISSN 2250- 0006 Vol. 3, Issue 2, Jun 2013, 133 - 140 © TJPRC Pvt. Ltd.
134 K. G. Mallikarjuna
provisions made by the Indian Constitution itself for child labour. Present study is an attempt to review Indian Constitution in view point of child labour protection.
OBJECTIVES OF THE STUDY
To define the term child labour from different viewpoints. Finding out the areas where child labour existence is more. To analyse various Articles of Indian Constitution meant for protection of child labour interests. To discuss various legislations made by Indian government against child labour. To review Committees and Commissions appointed by Government on child labour. To discuss the judgments given by the Judiciary in different contexts against state and central governments in case of child labour.
DATA BASE
The present study is primarily based on the reviews made by various studies on Indian constitution regarding the provisions made for child labour in it. Different articles of Indian constitution are reviewed for the purpose. Various Governmental Orders (GOs) regarding the legislations and laws of child labour are collected. Reports of different Commissions like The Royal Commision, The Gurupadaswamy Committee, Report of NACEL etc., were considered. Along with, various web pages are visited like www.childlabour.net/, www.indiacode.nic.in/coiweb/welcome.html etc. are visited.
LEGAL DEFINITION OF A CHILD
Section 2 (2) of Shops and Establishment act – 1948 states that child is a person who hasn‟t completed 15 years of his age. Article 45 of the Constitution of India defines child as a person younger than 14 years. Mines Act – 1952 says that a child is a person not older than 16 years. According to the Suppression of Immoral Traffic in Women and Girls Act 1956, a child is a person who is not 21 years old. According to the Juvenile Justice (care and Protection of a Child) Act, a child is a person who has not completed 18 years of age.
LAW DEFINES CHILD LABOUR AS
Under the Act, „Child‟ means a person who has not completed his fourteenth year of age. Any such person engaged for wages, whether in cash or kind, is a child worker. According to UNICEF, all the children not being provided education at a school are considered as Child Labours.
AREAS WHERE CHILD LABOUR IS RAMPANT
Bidi making Carpet weaving
136 K. G. Mallikarjuna
The Supreme Court held that “hazardous employment” includes construction work, match boxes and fireworks therefore; no child below the age of 14 years can be employed. Positive steps should be taken for the welfare of such children as well as for improving the quality of their life.
Article 39 (e)
The State shall, in particular, direct its policy towards securing the health and strength of the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Article 39 (f)
The State shall, in particular, direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity; and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45
The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
Article 51A (e)
It shall be the duty of every citizen of India, who is a parent or guardian to provide opportunities for education to his child or ward as the case may be, between the age of six and fourteen years.
NATIONAL LEGISLATION AGAINST CHILD LABOUR IN INDIA
The Child Labour (Prohibition and Regulation) Act, 1986
The Act prohibits the employment of children below the age of 14 years in 16 occupations and 65 processes that are hazardous to the children's lives and health. These occupations and processes are listed in the Schedule to the Act. In October 2006, the Government has included children working in the domestic sector as well as roadside eateries and motels under the prohibited list of hazardous occupations. More recently, in September 2008 diving as well as process involving excessive heat (e.g. working near a furnace) and cold; mechanical fishing; food processing; beverage industry; timber handling and loading; mechanical lumbering; warehousing; and processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries as well as the agate industry were added to the list of prohibited occupations and processes;
The Factories Act, 1948
The Act prohibits the employment of children below the age of 14 years. An adolescent aged between 15 and 18 years can be employed in a factory only if he obtains a certificate of fitness from an authorized medical doctor. The Act also prescribes four and a half hours of work per day for children aged between 14 and 18 years and prohibits their working during night hours.
The Mines Act, 1952
The Act prohibits the employment of children below 18 years of age in a mine. Further, it states that apprentices above 16 may be allowed to work under proper supervision in a mine.
Constitutional Provisions and Legislations for Child Labour in India 137
The Juvenile Justice (Care and Protection) of Children Act, 2000
This Act was last amended in 2002 in conformity with the UN Convention on the Rights of the Child covers young person below 18 years of age. Section 26 of this Act deals with the Exploitation of a Juvenile or Child Employee, and provides in relevant part, that whoever procures a juvenile or the child for the purpose of any hazardous employment and keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable for fine.
In some States, including Karnataka and Maharashtra, this provision has been used effectively to bring to book many child labour employers who are otherwise not covered by any other law and to give relief and rehabilitation benefits to a large number of children.
The Minimum Wages Act, 1948
Prescribes minimum wages for all employees in all establishments or to those working at home in certain sectors specified in the schedule of the Act. Central and State Governments can revise minimum wages specified in the schedule. Some consider this Act as an effective instrument to combat child labour in that it is being used in some States (such as Andhra Pradesh) as the basis on which to prosecute employers who are employing children and paying them with lower wages.
The Right of Children to Free and Compulsory Education Act, 2009
Provides for free and compulsory education to all children aged 6 to 14 years. This legislation also envisages that 25 per cent of seats in every private school should be allocated for children from disadvantaged groups including differently abled children.
COMMITTEES AND COMMISSIONS ON CHILD LABOUR
Along with legislation, a series of committees and commissions have been appointed by the Government of India, either specifically on the question of child labour or on labour conditions in general to enquire into the causes or consequences of the problem and to suggest measures to reduce the incidence of child labour and to ameliorate the conditions of the child workers.
The Royal Commission on Child Labour observed that the employment of children continued to be a problem and found out that in many cities large number of young boys was employed for long hours and the employees imposed corporal punishment and other disciplinary measures against them. The Labour Investigation Committee submitted in its report in the year 1946 observed that in various industries, especially smaller industries, the statutory prohibition of employment of children was not seriously enforced. (GOI, 1946). According to the National Commission on Labour "the employment of children is non-existent in organised industries. It persists in varying degrees in the unorganised sector. The Gurupadaswamy Committee, in its 1979 report, identified the sectors of the economy with substantial number of working children. The Committee in its report recommended: Setting up of Child Labour Advisory Boards;
Constitutional Provisions and Legislations for Child Labour in India 139
U.P. Bandhua Mukti Morcha Vs Union of India (AIR 1984 SC 802)
In this case the Supreme Court of India stated that if no steps are taken under Bonded Labour System Act – 1976 by the Government then it would be a violation of Article 23 of the Constitution. Article 23 states that children should not be forced to work at cheap wages due to their economical or social disadvantage.
Sheela Barse Vs Secretary, Chrildren Aid Soceity and Others, 1987
The Supreme Court held, "If there be no proper growth of children of today, the future of the country will be dark. It is the obligation of every generation to bring up children who will be citizens of tomorrow in a proper way.
M. C. Metha Vs State of Tamil Nadu , 1991
The Supreme Court has not allowed children to work in a prohibited occupation. According to the judges, "the provisions of Article 45 in the Directive Principles of State Policy has still remained a far cry and according to this provision all children up to the age of 14 years are sponsored to be in school, economic necessity forces grown up children to seek employment.
REFERENCES
- Assefa Bequele and Jo Boyden (ed.), Combating Child Labour, Geneva: ILO, 1988, P.P. 149-152.
- Dhagamwar, Vasudha (1997)., "Childhood Denied Under the law", Mainstream, Vol. 35, No. 37, p.33.
- Ghosh, (1988) "A New Approach", Seminar, No. 350, Oct, p.38.
- Government of India. (1980) Profile of the Child in India, New Delhi: Ministry of Social Welfare, p.p. 170-2 10.
- Government of India, (1990) The Constitution of India, New Delhi: Ministry of Law, p.8.
- Government of India, (1997) Ministry of Labour, Annual Report, Government of India Publication, p. 101.
- Gowri Ramnarayana, (1992) "Education is the Answer - UNICEF Chief on the Child Literacy Movement", Frontline, July 3 1
- IUACE, (1990) "The Rights of Child", New Delhi: Indian University Association for Continuing Education,. p.p 1-27.
- Kurian, P.H., (1999), "Towards Elimination of Child Labour in Kerala", Kerala Calling, October.
- Mahavir Jain, (1996) "Elimination of Child Labour in India: Government Initiatives", The Administrator, Vol. XLI, No 3, July-Sept, p. 4.
- MV Shobhana, (1998) "History of Legislation on Child Labour in Colonial India", Social Action, Jan-Mar, p.p. 1- 7
- Myron Weiner, (1991) The Child and the State in India, Delhi: Oxford University Press, p. 79.
- Myron Weiner, (1996) "Child Labour in India: Putting Compulsory Primary Education on the Political Agenda", Economic and Poiltlcal Weekly, Nov. 9-16, p.3007.
- Neera, Burra (1986) "Old Flaws in new Child Labour Bill", The Times of India, 7 Nov
- Sachdeva, D.R., (1992), Social welfare Administration in India, Allahabad: Kitab Mahal, p. 612.
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- Savitri Goonesekhere, (1988) Children Lau and Justice: A South Asian Perspective, New Delhi :Sage,. p 11
- Smithu Kothari, (1983) "There is Blood on those Match Sticks", Economic and Political Weekly, July 2, p. 1 197.
- UNI Backgrounder, (1986) "Child Labour in India", 26 Nov Vol. XI, No. 47
- UNICEF, (1990), "The World Summit for children", New York: UNICEF, p.p. 1- 32.
WEB PAGES
- www.childlabour.net/
- www.indiacode.nic.in/coiweb/welcome.html
- www.constitution.org/cons/india/const.html
- www.indianconstitution.in/
