CHILD LABOUR A Shame for the Society

CHILD LABOUR

A Shame for the Society

JUST COMPARE……..

JUST

COMPARE……..

Our Childhood

Their Childhood

Our Childhood

Their Childhood

Don’t we see this everyday around us..?

Don’t we see this

everyday

around us..?

The Vicious Cycle Poverty Lack of Education Child Labor

CHILD LABOUR LAWS There are laws to prevent CHILD LABOUR These laws aim to provide a decent childhood with proper care and education to each and every child.

There are laws to prevent CHILD LABOUR

These laws aim to provide a decent childhood with proper care and education to each and every child.

Introduction A child is the wealth of a nation The word ‘ Shramyogi ’ is a misnomer 14 th November is celebrated as Children’s Day 30 th June is observed as CHILD LABOUR DAY

A child is the wealth of a nation

The word ‘ Shramyogi ’ is a misnomer

14 th November is celebrated as Children’s Day

30 th June is observed as CHILD LABOUR DAY

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 Labourers

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 Labourers

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. Factories Act 1948 Section 2 (2) defines child as a person who is younger than 15 years of age. Article 45 of The Constitution of India defines child as a person younger than 14 years of age. Garden Workers Act 1951 defines child as a person younger than 12 years of age. Mines Act – 1952 says that a child is a person not older than 16 years

Section 2 (2) of Shops and Establishment Act – 1948 states that child is a person who hasn’t completed 15 years of his age.

Factories Act 1948 Section 2 (2) defines child as a person who is younger than 15 years of age.

Article 45 of The Constitution of India defines child as a person younger than 14 years of age.

Garden Workers Act 1951 defines child as a person younger than 12 years of age.

Mines Act – 1952 says that a child is a person not older than 16 years

Legal Definition of a Child According to the Suppression of Immoral Traffic in Women and Girls Act 1956, a child is a person who is not 21 years old. Beedi and Cigarette Workers Act (Employment Conditions) 1966 defines child as a person who hasn’t completed 14 years of age. According to the Juvenille Justice (Care and Protection of a Child) Act, a child is a person who has not completed 18 years of age.

According to the Suppression of Immoral Traffic in Women and Girls Act 1956, a child is a person who is not 21 years old.

Beedi and Cigarette Workers Act (Employment Conditions) 1966 defines child as a person who hasn’t completed 14 years of age.

According to the Juvenille Justice (Care and Protection of a Child) Act, a child is a person who has not completed 18 years of age.

CONSTITUTIONAL PROVISIONS Regarding Child Labour Article 21 A Right to Education The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.

Article 21 A

Right to Education

The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.

Article 24 Prohibition of employment of children in factories, etc. No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.

Prohibition of employment of children in factories, etc.

No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.

Article 39 The State shall, in particular, direct its policy towards securing: - (e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter a vocations unsuited to their age or strength.

The State shall, in particular, direct its

policy towards securing: -

(e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter a vocations unsuited to their age or strength.

Laws regarding CHILD LABOUR Article 23 of Constitution of India [1954] prohibits all kinds of bonded labour Article 24 of Constitution of India [1954] prohibits employment of children below the age of 14 in hazardous conditions

Article 23 of Constitution of India [1954] prohibits all kinds of bonded labour

Article 24 of Constitution of India [1954] prohibits employment of children below the age of 14 in hazardous conditions

Laws regarding CHILD LABOUR Bonded Labour System Act [1976] frees all bonded labourers and cancels all outstanding debts Immoral Traffic (Prevention) Act [1956] amendment provides for 7 years to life imprisonment for recruitment, transportation, transfer, harbouring or receipt of a child (below 18 years) for the purpose of exploitation

Bonded Labour System Act [1976] frees all bonded labourers and cancels all outstanding debts

Immoral Traffic (Prevention) Act [1956] amendment provides for 7 years to life imprisonment for recruitment, transportation, transfer, harbouring or receipt of a child (below 18 years) for the purpose of exploitation

Laws regarding CHILD LABOUR Child Labour (Prohibition and Regulation) Act [1986] regulates working hours and wages of children < 14 years working in non-hazardous employment (ILO suggests 15 years as the limit)

Child Labour (Prohibition and Regulation) Act [1986] regulates working hours and wages of children < 14 years working in non-hazardous employment (ILO suggests 15 years as the limit)

Laws regarding CHILD LABOUR Juvenile Justice Act [1986] prohibits detention of juveniles for more than 24 hours and requires then to be sent to their parents or to a remand house upon identification

Juvenile Justice Act [1986] prohibits detention of juveniles for more than 24 hours and requires then to be sent to their parents or to a remand house upon identification

The following laws also have provisions against Child Labour: Minimum Wages Act – 1948 Garden Worker Act – 1951 Apprenticeship Act – 1961 Motor Vehicles Act – 1961 Mines Act – 1952 Shops and Establishments Act – 1961 Bidi and Cigarette Workers Act – 1966

The following laws also have provisions against Child Labour:

Minimum Wages Act – 1948

Garden Worker Act – 1951

Apprenticeship Act – 1961

Motor Vehicles Act – 1961

Mines Act – 1952

Shops and Establishments Act – 1961

Bidi and Cigarette Workers Act – 1966

Areas where child labour is rampant Bidi making Carpet weaving Garages As Servants at Homes Farming Building and construction industry Tea stalls Cement manufacture including bagging Cloth printing, dyeing and weaving Manufacture of matches, explosives and fire works. Diamond Industry Soap manufacture Tanning Wool-cleaning Manufacture of slate pencils (including packing) Shoe Polishing

Bidi making

Carpet weaving

Garages

As Servants at Homes

Farming

Building and construction industry

Tea stalls

Cement manufacture including bagging

Cloth printing, dyeing and weaving

Manufacture of matches, explosives and fire works.

Diamond Industry

Soap manufacture

Tanning

Wool-cleaning

Manufacture of slate pencils (including packing)

Shoe Polishing

Reasons behind CHILD LABOUR Poverty (in some cases 1/3 of family income from children) Absence of social welfare scheme and easy access to loans Caste system (higher proportion of scheduled caste children work at a younger age) Lack of access to schools - Attitude of parents that skills more important than education Child labour is 80% cheaper (sometimes around Rs.3 per day)

Poverty (in some cases 1/3 of family income from children)

Absence of social welfare scheme and easy access to loans

Caste system (higher proportion of scheduled caste children work at a younger age)

Lack of access to schools - Attitude of parents that skills more important than education

Child labour is 80% cheaper (sometimes around Rs.3 per day)

Effects of Child Labour The Effect on Education The Effect on the Child’s Health Social and Economic Effect

The Effect on Education

The Effect on the Child’s Health

Social and Economic Effect

Magnitude and demography 13.6 million child labourers (Indian census1981) 20 million children in hazardous condition (Labour Ministry) [1994] 77 million computed on basis of # below poverty line (Commission on Labour Standards, GoI) [1995] 60-115 million (Human Rights Watch) [1996] Child Economic Activity rate: 13.5% {Male} 10.3 {Female}% (Int'l Labour Org'n) [1995] Largest number of working children in the world! Child labour accounts for 20% of our Gross National Product

13.6 million child labourers (Indian census1981)

20 million children in hazardous condition (Labour Ministry) [1994]

77 million computed on basis of # below poverty line (Commission on Labour Standards, GoI) [1995]

60-115 million (Human Rights Watch) [1996] Child Economic Activity rate: 13.5% {Male} 10.3 {Female}% (Int'l Labour Org'n) [1995]

Largest number of working children in the world!

Child labour accounts for 20% of our Gross National Product

International Provisions against Child Labour International Labour Organisation (ILO) is an organisation working for the upliftment of the labourers and has a separate division dealing with child labour. It provides suggestions for enforcement of labour laws and for amending the existing laws. UNESCO: This UN body works in 6 cities of three states of India. It runs schools and provides primary education to the poorest of the children UNICEF: This organisation works for the development of women and children and provides assistance to them.

International Labour Organisation (ILO) is an organisation working for the upliftment of the labourers and has a separate division dealing with child labour. It provides suggestions for enforcement of labour laws and for amending the existing laws.

UNESCO: This UN body works in 6 cities of three states of India. It runs schools and provides primary education to the poorest of the children

UNICEF: This organisation works for the development of women and children and provides assistance to them.

Judgments regarding Child Labour Unni Krishnan Vs Andhra Pradesh (1993 1. SCC 645) The Supreme Court in its judgment held that children up to the age of 14 had a fundamental right to free education.

Unni Krishnan Vs Andhra Pradesh

(1993 1. SCC 645)

The Supreme Court in its judgment held that children up to the age of 14 had a fundamental right to free education.

Neeraja Chaudhary Vs. State of Madhya Pradesh (AIR 1984 SCC (3) 243) In this case the Supreme Court of India stated that the Child Labourers should be rescued and provision for their rehabilitation should be made.

Neeraja Chaudhary Vs. State of Madhya Pradesh (AIR 1984 SCC (3) 243)

In this case the Supreme Court of India stated that the Child Labourers should be rescued and provision for their rehabilitation should be made.

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.

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.

Thank You

Thank You