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UNIVERSITY OF SINDH
Faculty of Social Sciences
Department of Sociology
Topic
CHILD LABOR IN TALUKA MITHI DISTRICT
THARPARKAR
Submitted By:
Lalchand S/o Luno Mal Roll # 2K14/SOC/31
Dilawar Hussain S/o M.Abbas Roll # 2K14/SOC/13
Mukhtiar Ahmed S/o M.Hanif Roll # 2K14/SOC/44
Submitted To:
Madam Muneera Junejo (Assistant Professor)
Deptt: of Sociology University of Sindh Jamshoro
2
CERTIFICATE
This is certify that this research work entitled “Child Labor In Taluka Mithi District
Tharparkar” under the supervision and guidance of Assistant Professor, Ma’am
MUNEERA JUNEJO Department of Sociology, University of Sindh Jamshoro; for the
partial fulfillment of requirement for the Degree of Bachelor in Sociology. We have
examined this thesis and have found that, it is completed and satisfactory in all aspects.
Ma’am Muneera Junejo Prof. Dr. Wasan Aijaz Ali
Assistance professor Director
Department of sociology Department of sociology
University of Sindh University of Sindh
3
Table of content
Acknowledgement 04
Dedication 05
Abstract 06
Sr No. Description Page No.
Chapter 01 Introduction 07
1.1. Introduction and the Problem 11
1.2. Aim of research and argument 12
1.3. Thesis Structure 13
Chapter 02 Review of Literature 14
Chapter 03 Methodology 17
3.1. Analytic Framework 17
3.2. Theorizing childhood, Child labor and Children’s rights 19
3.3. The global development of anti-child labor movement 20
3.4. Historical context and perception of child labor 20
3.5. Motivations and problems in combating child labor 22
Chapter 04 Data analysis 24
4.1. Assessment Results 24
4.2. Key Finding 24
4.3. Livelihood 25
Chapter 05 Recommendation and concluding 26
5.1. Capability Approach 27
5.2. Recommendations to children rights 29
5.3. Conclusion 30
References 31
4
ACKNOWLEDGEMENT
Thanks to Almighty Allah, Merciful, Compassionate, Gracious, and Beneficial
whose help enabled us to complete this thesis. I would like to acknowledge and thank the
following people for their assistance during the production of this dissertation, for his
guidance through the entire process of writing this dissertation. His professional instruction
in the areas of childhood studies and education has been particularly important. I also
acknowledge all tutors on the Human Rights Practice program. My appreciation should also
go to Prof. Bhawani Shankar, Govt: degree collage Mithi, with whom I had a fruitful
discussion about Child Labor on Khadi and agriculture estates in Tharparkar.
5
DEDICATION
Dedicated to our parents and Teachers
6
Abstract
Tharparker is a district that occurs in the south east of Sindh. It happens to be one of the 23
districts of the Sindh Province. More than 90% of the people live in more than 200 rural
villages. The headquarters of the thar is known as Mithi. A very large area of tharparker
constitutes of the Thar Desert. The language spoken in tharparer region is called Dhatki
which is also known as ‘Thari’ Language. Thari is basically a rajistani language and is the
most spoken language in the region. However some people also speak urdu and sindhi.
Tharparker homes two kinds of classes , the muslims and the Hindus. According to a
consensus held in 1998, muslims constitute almost 59% of the population whereas the
Hindus constitute of the rest of 41% of the total population of the region. A brief history of
anti-child labor movement in America and 3 Britain is given to capture the assumptions and
values behind this movement. It discusses child labor on Tharparkar Khadi and Agriculture
plantations to determine how those activities viewed considering children’s specific
situations, may or may not violate children’s rights. The identification of poverty as the
major cause of child labor, and the compulsory schooling of children as an antidote to the
problem of child labor, narrows our perception of child labor.
7
CHAPTER 01
INTRODUCTION
THARPRKAR- THE HEART OF THE THAR DESERT
The THAR district derives its name from Thar and Parker. The name Thar is from
Thul, the general term for the regions sand ridges and the word Parkar literary means “to
cross over”. Earlier it was known as the thar and parker district but afterwards it became
one word ‘Tharparker’.
Tharparker is a district that occurs in the south east of Sindh. It happens to be one of the 23
districts of the Sindh Province. More than 90% of the people live in more than 200 rural
villages. The headquarters of the thar is known as Mithi. A very large area of tharparker
constitutes of the Thar Desert. The language spoken in tharparer region is called Dhatki
which is also known as ‘Thari’ Language. Thari is basically a rajistani language and is the
most spoken language in the region. However some people also speak urdu and sindhi.
Tharparker homes two kinds of classes , the muslims and the Hindus. According to a
consensus held in 1998, muslims constitute almost 59% of the population whereas the
Hindus constitute of the rest of 41% of the total population of the region.
The Thari culture is somewhat a mixture of the Gujrati, rajistani and Sindhi Culture.
However the Rajistani Culture overshadows the other two. Also the Thari Music seems to
be more inspired from the rajistani traditional music however it has a sound and feel of its
own.
The Thari’s are very honest and hardworking people and are very hospitable. The nature
and mindset of the thari people is very uncertain. Whatever they see they want to make sure
it is real by touching it. This uncertainty is generated due to the conditions they live in. More
than 80% of the people livelihood is dependant upon the rain fed agriculture and livestock.
The thari desert is full of folklores which are a very important part of the thari culture. It
has a culture of its own which is like no other place. It provides lots of ways to sink into the
Sindhi Culture. Thar infact is a place where folk songs and folklores actually exist in their
original form. Even though it is a land of shifting dunes but still the people have learned to
live in and adapt to the place.
8
The thari life is full of adventures for visitors who visit in order to explore the indigenous
cultures , traditions and lifestyles. Some of the peculiar scenes of the desert include the
Sun- rising and sun-setting scenes viewed from atop of a due camel caravans, the grazing
herds, big and small sand dunes with thorny bushes, traditional dresses and jewellery of
women, folk songs sung in wilderness.
Thari women’s
The Thari women wear ghagra’s which are long swirling skirts and work in fields and work
with their counterparts and help them earn wheat to feed their families. They cover their
faces with veils while wearing silver jewellery . The veil protects them from harsh sun and
sand and it also saves them from the desirous eyes of men. The married, unmarried and
widowed women wear different clothes and they can easily be differentiated from the way
they are dressed like. The unmarried girls do cover their arms fully with the white bangles.
Women largely communicate within their own caste, within which they can marry
exclusively. Opportunities for meeting women of other castes become more restricted with
higher status. The higher caste women observe strict seclusion while poorer are freer to
undertake their field tasks.
9
Thari men’s
The Thari men are usually tall and dark. Most of them have moustaches and many keep
beards too. They wear turbans which symbolizes their pride in being a thar.
Festivals
Many fairs and festivals are held in the region which provides opportunity to the villagers
from remote areas and villages to meet each other. This way livestock deals are also stuck
and they all get to enjoy their cultural music and dances together. Their lifestyle is
influenced by a celebration for every religious occasion and for every change in season. The
harvesting season is the one which is celebrated with most zeal and is the biggest one
celebrated among the people. This all is also reflected in their arts and crafts.
Dances
Like other parts of Pakistan, Thar also has a few folk dances including dandan rand, mitco,
chakar rand and rasooro. The dandan rand is the kind of dance that is performed by eight or
ten men, having one small stick in one hand and silk handkerchief in the other one, on the
dhol beat in a circle. The dhol player also sings the songs while rest of the men dance. The
mitco dance is the solo performance by a male dancer. It is also performed by women in
their houses on weddings of their sons alone. The chakar rand dance is the traditions Thari
10
Muslims. The male dancer performs it holding a sword in his hand on dhol beat. The rasooro
is a stick dance by women even dhol is played by women and some women also sing song
on the dhol beat.
Tribes
Thar also has a very divergent colony of traditional tribes but they share many common
characteristics which seems to bring together their pasts. Despite their diversity in costumes
jewellery and customs a singularity also exists which seems to keep them bonded together.
The hindu communities hold arranged marriages outside their communities. Whereas the
muslim community remains reluctant when it comes to marriages outside the community.
Thar faces the pre monsoon weather which goes on from the month of April to the month
of June. The hottest temperatures are observed in the month of june during which the
temperatures vary between 35 to 45 degrees at times. The place always seems to be home
to sand storms.
The people of thar are very creative when it comes to arts and crafts. Pottery, puppets, leather
items, wood items, Carpets , Metal Wares, Block Prints, Tie and Dye Fabrics, Embroidered
Shoes, Mirror Work on Clothes and Sheets, Painting, Kundan, Meenakari are a few arts and
crafts of Thar. The handicrafts heritage is a very fine combination of colours and textures.
The depth and range of this heritage stems from its socio economic ethos with the whole
village pursuing certain crafts which are essential to their daily survival and needs. These
handicrafts are what constitutes mainly of their economy. The thari economy reflects the
barter system basically and they are the kind where a village is supposed to take care of
almost all of its needs by itself.
11
1.1. Introduction and the Problem
In Tharparkar, Khadi & Agriculture plantations are known to employ child labor.
Children as young as 6 works alongside their parents, sometimes in hazardous conditions.
These children often do not attend school. The government and numerous organizations are
involved in attempts to abolish child labor on these plantations but there are many
challenges. This thesis will explore this issue, contextualizing it in a global framework
asking questions: What is child labor? What does the concept of "child" imply and how does
this differ in different parts of the world? What is the role of education? Is education a
solution to child labor?
Child labor is generally defined as employment of children on a sustained and regular basis.
It is also often considered as the employment of children who are below a specific legal
age. Usually child labor is harmful and to have negative impact on the physical as well as
mental development of children while interfering with their education. Almost all
international documents dealing with child rights consider every aspect of child labor
undesirable as they consider it either harmful to children’s physical, emotional,
psychological and social development, or interferes with the children’s schooling.
Recognizing children’s need for special care and protection, state parties to these documents
have reflected the desire to eliminate child labor in their legal documents.
Child labor abolition is mostly premised on the distinction between child labor and child
work. This has been buttressed by the conceptualizations of child and childhood and their
assigned roles in different societies. Child labor is generally considered harmful while child
work is considered appropriate. Children’s work within the family is less harmful. Hence,
child work normally refers to activities that are light while child labor refers to activities
likely to impair children’s health and development. In some societies such a distinction is
absent. It has been argued that not all work done by children is “bad” in the sense of harming
their health and development. And some suggest the real problem is not whether children
work, but rather the conditions in which individual children.
The UN Convention on the Rights of the Child (CRC 1989) views child labor as a human
right violation. Child labor is damaging, and to violate children's rights as it hampers
children’s appropriate emotional, physiological, psychological and social development. The
12
CRC aims to free children 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”. Another
assumption is that working children rarely attend school and if they do, the attention is
minimal. Child labor is then blamed for violating children’s right to education.
1.2. Aim of the Research and Argument:
This research examines the extent to which child labor practices on Khadi and Agriculture
estates in Tharparkar violate child rights. A brief history of anti-child labor movement in
America and 3 Britain is given to capture the assumptions and values behind this movement.
It discusses child labor on Tharparkar Khadi and Agriculture plantations to determine how
those activities viewed considering children’s specific situations, may or may not violate
children’s rights. The identification of poverty as the major cause of child labor, and the
compulsory schooling of children as an antidote to the problem of child labor, narrows our
perception of child labor. Child labor persists in Thar even though primary education was
made free in beginning. Though considered a panacea to child labor, formal education faces
critical challenges as to its relevance to the households whose children are working. Note
that the formal education curriculum has been challenged as it falls short of addressing the
needs of people whose life is largely dependent on economic contribution made by all
members of the household including children, and parents are desperate to receive child’s
earnings. Hence making formal education a remedy to child labor becomes unattractive not
only because of lack of employment for those educated, but also because it inculcates values
different from those propagated by traditional education.
Given the inadequacy within the “poverty discourse” to account for child labor and the
prescription of schooling as a panacea for child labor in Thar, this thesis considers “cultural
politics of childhood” an important aspect in understanding child labor and child rights.
Thari society’s perception of children is linked to production relations within households.
Children work in some societies and not in others. In Thar, before working on estates,
children have already been working in their homes. Most tasks on the plantations are like
13
those children often do at home. Plantation work has only exploited the already existing
social and production conditions and relations.
Some children consider working is itself their right as it ensures their survival. In places
like Thari children are expected to contribute to family income. Besides, the distinction
between child labor and child work rarely exists in certain languages and cultures. Usually,
child labor simply means work done by children without qualifying it as light or dangerous.
The local people do not share the motivations behind global elimination of child labor.
Given the cultural, economic and social circumstances of children and their families, child
labor does not necessarily violate child rights, although admittedly certain jobs put
children’s lives in danger. This thesis will explore these nuances and different cultural
perceptions in its analysis of child labor and children’s rights to determine the extent to
which child labor violates children’s rights.
1.3. THESIS STRUCTURE
This study has three chapters. Chapter 1 introduces the problem of child labor and
identifies methods of enquiry and analytical approach. It clarifies the question whether child
labor on Tharparkar’s Khadi and Agriculture estates violates child rights given the
children’s economic as well as cultural conditions that are responsible for children’s
involvement in paid work.
Chapter 2 outlines global and historical development in the abolition of child labor focusing
on United States of America and Britain as these countries are known to have initiated calls
to abolish child labor. Reasons for the growth of such movements are highlighted.
Chapter 3 arguing that incidents of child labor on tea and tobacco estates cannot a priori be
considered a violation of child rights. However, violation of child rights may occur if
children and their families are provided with practical alternatives which not only drive
children out of wage employment, but also assist them in meeting their daily needs. The
analysis on children working on tea and tobacco estates in Malawi provides an insight into
how similar cases can be handled elsewhere in the world. The conclusion recommends the
capability approach as a realistic model to human and children’s rights.
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CHAPTER 02
REVIEW OF LITERATURE
The International Labor Organization (ILO) Convention 182 calls for the prohibition
and elimination of the worst forms of child labor. In addition to universally condemned
occupations such as child slavery, prostitution, pornography and drug trafficking, the worst
forms include work that is likely to jeopardize the health, safety or morals of young persons
(ILO, 1999). The ILO estimates that there are 111 million children aged 5 to 14 involved in
hazardous work.1 This number is equivalent to 53% of working children and about 9% of
all children in the world. Children engaged in such activities are presumed to face immediate
health threats by the nature of the work. However, child labor could also have health
consequences that only become manifest in adulthood. Such long-term health risks can
develop from early exposure to dust; toxins; chemicals such as fertilizer and pesticides;
inclement weather; heavy lifting; or the forced adoption of poor posture. Hazards may also
threaten psychological health through exposure to abusive relationships with employers,
supervisors or clients (ILO, 1998).
Estimating the causal effect of early entry into the labor market on adult health is
complicated by the selection process which sorts children into the labor market. On the one
hand, we might expect that only reasonably healthy children would be sent to work at young
ages. Sickly children would not be capable of work. On the other hand, children from the
poorest households are the most likely to work, and growing up in poverty may be correlated
with adverse health outcomes.2 Thus, the early incidence of child labor may be correlated
with unobservable positive or negative health endowments that could affect adult health in
addition to any direct impact of child labor on health. These unobserved health endowments
cloud the interpretation of simple correlations between child labor and adult health
outcomes.
Another confounding factor is that child labor may affect a child’s years of schooling
completed, and education has been shown to positively affect adult health.3 The effect of
child labor on education in Brazil is uncertain. Because the average school day lasts only
four hours, many children in Brazil both work and attend school. Child labor may help the
household afford more years of schooling. On the other hand, child labor may retard child
15
cognitive attainment per year of schooling, and it may also lead to earlier exit from school
into full time work.4 A complete assessment of the effect of child labor on health must
consider the indirect effect of child labor on schooling.
Until recently, most studies linking child labor and health have focused on the health of
currently working children. The comprehensive review by Graitcer and Lerer (1998)
presented a mixed picture of international evidence regarding the impact of child labor on
health, primarily because of data limitations. Data on the extent of child labor itself is subject
to considerable error, but data on the incidence of child injuries on the job are even more
problematic. Sources of information come from government surveillance, sometimes
supplemented by data from worker’s compensation or occupational health and safety
incidence reports. These latter sources are less likely to be present in the informal labor
markets in which child labor is most common, and government surveillance is often weak.
Nevertheless, reported injury rates are not small: of working children aged 10-14, 9% are
estimated to suffer injuries annually, and 3.4% are estimated to suffer disabling injuries.
Rosati and Straub (2004) used a sample of Guatemalan siblings that controlled for
unobservable household attributes in assessing the impact of child labor on adult health.
However, their strategy still treats child labor and possible resulting decisions regarding
schooling and income as exogenous. In addition, their sample is restricted to adults who are
still living with their parents, and so their sample is heavily weighted toward relatively
young adults. Moreover, if the decision to live with parents is conditioned on health
outcomes, as would be the case if healthy children are more likely to live on their own and
children suffering illness or disability are more likely to remain with their parents, then their
sample will be biased toward finding adults with health problems. Selection might explain
why they find such large adverse health consequences: having worked as a child increased
by 40% the probability of having health problems as an adult. Nevertheless, their finding of
very large health consequences from child labor illustrates the importance of further
examining the link between child labor and adult health.
The downward pattern between age of labor market entry and adult adverse health outcomes
are found for many self-reported problems including walking, bending, lifting, pushing,
climbing stairs, and kidney disease (see Appendix 1). Other than the last measure, these
health problems appear to be physical and potentially associated with repeated physical
16
stress. In contrast, no apparent correlation between child labor and adult health exists for
self-reported asthma, diabetes, cancer, tuberculosis, cirrhosis, depression, heart disease, and
tendonitis. Other than the last indicator, these health conditions tend to reflect heredity and
life style choices rather than physical ailments. These correlations suggest that there may
indeed be a relationship between starting to work at a young age and poor lifetime health.
The balance of the paper examines whether we can identify a causal link between child labor
and adult health that is consistent with the correlational patterns.
17
CHAPTER 03
METHODOLOGY
This research uses a case study of child labor on Khadi and Agriculture estates in
Tharparkar to determine the circumstances in which child labor violates children’s rights.
Paradoxes involved in the effort to eliminate child labor in Tharparkar are explained, paying
attention to how child labor falls within the domain of human rights. Secondary data from
research reports on child labor on Khadi and Agriculture estates in Tharparkar and other
third world countries are used. International documents especially the human rights
conventions, for instance the CRC, have provided direction of this debate. Books and
academic journal articles were extensively used. These provided significant academic
perspectives regarding the emergence of human rights in general and child rights.
A significant proportion of literature consulted calls for immediate elimination of child
labor. Often, arguments advanced for the elimination of child labor are too simplistic. For
instance, it has been widely and simply assumed that child labor results from abject poverty
and that the only solution is compulsory primary schooling. However, merely outlawing of
child labor and introduction of compulsory schooling for children may not be enough. Kiel
land et al (2006) consider this approach problematic because most legal regulations against
child labor are initiated in the international organizations that debate and design
programmed at a distance, both physically and culturally, from the intended users. Given
that culture is acknowledged, albeit in passing, it must be considered seriously for once,
especially establishing children’s place within family structures. Additionally, the solution
of formal education is challenged by its visible lack of employment opportunities for those
graduating from the university and those who complete secondary school education.
Therefore, it is unlikely that it will appeal to people who must survive economic hardships.
3.1. ANALYTICAL FRAMEWORK:
In dealing with the problems of child labor and human rights several questions come to
mind: Is poverty the ultimate cause of child labor? Is compulsory schooling a panacea to 5
child labors? What does the “child’s best interest” consist of? It is assumed that poverty
leads to child labor and this can be solved by sending children to school and that it is in the
18
best interest of the children. Exploring these questions can help answer the much bigger and
ultimate puzzle: whether child labor fundamentally violates child rights. This thesis
examines whether tasks which children perform pose real danger to their lives. Clarifying
these issues will help assess the claim that child labor violates children’s right to education
and good life. Additionally, it is relevant to discuss the effectiveness and practicability of
formal education. This will be approached through a discussion of various approaches to
education and child labor namely: education as human rights, capability and economic
approaches. As an entitlement, education should promote substantive opportunities and
boost human capabilities through freedom of processes.
The questions may also be addressed by considering human rights institutionalization as an
emergent arrangement reflecting the prevailing balances of political interests. A case in
point is the globalization process which has facilitated the spread of human rights as a moral
as well as a political theory. Globalization was initially presented as a process of “simple”
homogenization of the market economy. Initially, only economic and political dimensions
were underlined, but later a growing number of scholars have considered its cultural
dimension as an important phenomenon as well (Nawojczy 2006). This thesis considers the
cultural dimension indispensable for understanding the persistence of child labor in third
world countries. Essentially, human rights require cultural as well as historical relevance
and adequacy to be meaningful. This helps to determine whether child labor practices,
viewed elsewhere as interfering with children’s proper development, violate children’s
rights, given the circumstances surrounding the working children.
In its analysis, the paper uses a combination of analytical tools namely, conceptual analysis
as a variety of content analysis, some aspects of discourse analysis and deconstruction of
such concepts as childhood, work and child labor. These tools help to determine how a
image of childhood or work influences the way children are treated in different societies.
For instance, a puritan discourse or conceptualization of childhood implies adult absolute
authority whereby children should be carefully controlled, regulated and disciplined. The
assumption is that adults act in the child’s long term best interests even if this makes a child
unhappy for just a while (Rogers 2001). Such an analysis provides us with valuable
historical and cultural insights into how child labor relates to child rights. Deconstruction 6
and conceptualization of childhood and child labor help us to determine why despite
powerful instruments being used at both local and international levels, child labor thrives,
19
not least in the third world countries. With cultural politics of childhood which discusses
how childhood is constructed and valued in different societies, we cannot immediately
conclude working children have their rights violated.
3.2. THEORIZING CHILDHOOD, CHILD LABOR AND CHILDREN’S RIGHTS:
Central to the argument advanced here is the notion of cultural politics of childhood.
Issues of childhood are highly contentious. Although the desire is to promote and safeguard
the welfare of children in society, children’s best interests become controversial and
contested, for ‘childhoods’ lack common locale. Childhoods are shaped by a range of
factors which include “race, class, religion, gender and to a certain extent disability”. Today
it is often argued that the Euro-American values have come to define all that is good,
beautiful and true. This includes even our scientific and pragmatic understanding of the
nature of children. However, as I will argue, it is important to recognize the complexity
arising in understanding the concept of childhood. Childhood, which has different
underlying forces shaping it, is used to justify different aspects of child welfare. In some
cases, people will use biological fitness, and in others, subsistence systems. Supporting this
position, James et al. argue that childhood today has become “popularized, politicized,
scrutinized and analyzed in a series of interlocking spaces in which the traditional
confidence and certainty about children and children’s social status are being radically
challenged”. Hence, there exists a variety of approaches to childhood corresponding to
different fields in which childhood is of interest.
Given the variations in the perception and conceptualization of child and childhood, there
is need to consider these radically different ways of viewing and thinking about children if
their plight is to be addressed appropriately within concrete social, cultural, historical and
economic situations. An anthropological lens, although widely criticized by scholars and
activists promoting universal human rights (Tilly 2000), helps determine the extent to which
we appreciate children’s relative value. The tasks undertaken by children particularly in the
third world countries have for a long time been explained in terms of “socialization,
education, training and play”. Despite an avalanche of academic challenges to the
importance anthropological perspectives on human issues, it 7 will be argued that what one
may consider as a violation of child rights will vary significantly because the object of
interest – in this case the child or childhood – is not a settled concept.
20
3.3. The Global Development of Anti-child Labour Movement
This chapter discusses the global historical development of anti-child labor movement
around the world, especially the growth, motivations, values and assumptions embedded in
such movement. Such motivations help in determining the extent to which child labor
“intrinsically” violates child rights. The chapter also considers tasks that children
performed, and the reasoning behind it. These provide necessary pointers for understanding
the complexity and challenges faced in determining the extent to which child labor violates
children’s rights.
The chapter specifically dwells on the events which took place in Britain and the United
States at the beginning of 19th century through the 20th century until when the CRC was
drawn up in 1989. It is widely held that the worldwide movement against child labor has its
roots in national movements that emerged in the industrialized nations in the 19th century
(Fyfe 2007). The international efforts against child labor led to the founding of the ILO in
1919 when it developed the first Minimum Age Convention regulating the age at which
children were considered responsible (UNICEF 2001). However, the actual coordinated
efforts emerged in the 1980s when new actors such as non-governmental organizations
(NGOs) began to work with the ILO framework, tackling child labor from multidimensional
perspectives. In Africa, attention to the child labor problem is relatively new as serious
attempts to abolish child labor became visible thanks to the 1989 CRC.
3.4. Historical Context and Perception of Child Labour:
Perspectives on child labor can be understood by examining the history from which they
draw meaning. “Child labor”, in terms of harmful activities, as opposed to “child work”, in
terms of friendly activities for children, can be traced to the rise in industrial production and
capitalism. For Shahrokhi (1996), records show that child labor appeared in the earlier
stages in agricultural societies. However, the practice became more conspicuous in the 18th
century Britain, and this is when people began to be opposed to it. Boys as young as 10
were employed in factories and mines whose activities were deemed dangerous to children’s
health. By 1880, the English Education Act had decreed that all children between 5 and 10
9 years should attend school hoping that they would eventually be excluded from workplace
considered to be adult sphere (James et al. 2004).
21
The term “child labor” was coined in Britain during the 19th century and it implied that the
children were not supposed to work at all. Today, in the developed world, child labor is
considered inappropriate for children below a certain age. Activities defined as child labor
exclude household and school-related for these are considered not hazardous for children’s
health. However, the minimum age by which children should work varies from country to
country and is sometimes dependent on the type of work that children do. Besides,
languages in some countries lack phrases forbidding children to work. The most common
expression used is the one like “child work” (Dottridge et al. 2005). Many countries as well
as international organizations consider child labor exploitative and have made it illegal
(Pakhare 2007).
During the Industrial Revolution, children as young as 4, were employed in production
factories. At that time, the conditions of work in factories were dangerous and often fatal.
Children worked with cotton milling machines; they also worked in coal mines where they
crawled through tunnels which were too narrow for adults. Some children worked as
domestic servants while others worked as prostitutes (Pakhare 2007). Children worked as
assistants or apprentices in the lodging industries. Girls learned how to sew, knit, and plait
straw while boys learned how to soften leather, shape cast iron, and weave warp and weft.
Tuttle (2006) argues that the industry preferred children to adults because children provided
cheap labor as they were “submissive, uneducated and nimble” (Tuttle 2006:143). Children,
mainly from poor families, were expected to help towards the family livelihood. Apart from
wage employment, children also worked on the family farm where they pulled weeds,
planted seeds and harvested crops. Such economic forces and stereotyping coupled with
child vulnerability became so strong that neither child labor laws nor mandatory schooling
legislation were an effective means to stop child labor.
The period of industrialization in Great Britain and other European countries saw children’s
work shift from home and farm and into mills, factories and mines. The nature of child labor
changed dramatically with changes from the informal to the formal production during the
British Industrial Revolution, to bring them in line with new demands by industries. Unlike
the pre-industrial era when children worked at home with their families, children began to
10 works outside the home in factories and mines for strangers for a wage, creating a rare
opportunity for children to become independent wage earners. Children worked long hours
22
in hot stuffy factories and in cold damp coal and metal mines, with only a few short recesses.
It is claimed that children could work as much as 16 hours for a day (Tuttle 2006).
3.5. Motivations and Problems in Combating Child Labour
The UN CRC also became a landmark development in international law,
enhancing and underlining the commitment to assisting working children. Child rights are
also mentioned, albeit in passing, in the major UN Human Rights Treaties. For example,
the International Convention on Economic, Social and Cultural Rights (ICESCR 1996)
obliges state parties to criminalize employment of children under conditions deemed
“harmful to their morals or health”. However, the CRC was framed specifically to address
children’s concerns. Together with the ICESCR, it demands protection of the child against
economic and social exploitation. The CRC included novel aspects of child protection
against sexual abuse and other forms of exploitation and against the recruitment of children
to participate in any form of war activities. The ILO C182 also included aspects of child
protection, prohibiting and demanding immediate elimination of the worst forms of child
abuse such as slavery and forced labor, child trafficking, forced recruitment for armed
conflict, child prostitution and pornography, production and trafficking of drugs (Law
2005). This categorization, which reflects the global consensus to eliminate child labor, was
unanimously agreed at the 1999 13 ILO Conference. The Convention mandates national
governments to determine the exact types of work to be prohibited as hazardous work. It
also requires ratifying States to design and implement programs of action to eliminate
existing child labor and to prevent emerging instances. Such measures should include the
rehabilitation and free education or vocational training for the children concerned. The ILO
C138 has its ultimate objective as the effective abolition of child labor, using minimum age
as an instrument to that end.
The enforcement of compulsory education as a replacement for child labor had, according
to Stamble, two major problems. First, the statistics provided for claiming effectiveness in
the program could not match the reality. A significant number of children still worked and
14 were unaccounted for. Secondly, the courts’ attitude towards compulsory school
attendance was indifferent as they supported the traditional parental right to wield authority
over children. The courts sympathized with poor parents who depended on children’s
income, finding it even extremely difficult to fine parents found in breach of child labor
23
legislation (Stambler 1968). Compulsory schooling was considered unfavorable for family
survival. Failure to impose these compulsory school regulations in New York was also
partly blamed on the general public’s and parents’ lack of conviction that school attendance
was a valuable thing. Nonetheless, in enforcing compulsory education, they insisted on
children securing papers which usually attested to their age and attendance at school, before
children could be employed (Stambler 1968). Although the desire for a child labor free
global society gathered momentum at the end of the 1990s around the adoption of the ILO
C182 in 1999, there are signs this momentum has subsided. A case in point is the rise in
incidences of child labor practices in the third world countries. This is contrary to the
international community’s expectations of immediate improvement. Perhaps there is too
much attention to the economic explanation at the expense of other equally important
factors contributing to the occurrence of the phenomenon. There is need to consider
alternative explanations to child labor so that cases of child labor in violation of child rights
are isolated. For this reason, the next chapter discusses child labor in Malawi. It focuses on
factors responsible for its occurrence on tea and tobacco estates to determine possible
violation of child rights.
24
CHAPTER 04
DATA ANALYSIS
For the rapid assessment multi-stage cluster sampling strategy was adopted. There were
two stage of sample selection including taluka Mithi and all 13 union councils in the
study. The villages and households were selected through randomization technique. The
Key Informant Interviews were conducted from each selected household, and the
respondents were the women and the men. Data collected from the various respondents
was cross-verified, and used to identify the trends across villages. All the interviews were
semi-structured, based on a questionnaire prepared prior to departure based on preliminary
research (questionnaire was adopted and modified from Multi Cluster Initial Rapid
Assessment tool, and allowing both the interviewer and the respondent the flexibility to
discuss issues. The key Informants were identified through consultations with local
community representatives. Assessment teams were made up of four male enumerators,
four female enumerators and one supervisor.
4.1. ASSESSMENT RESULTS
The rapid assessment was conducted from 11 June to 15 July 2017, in taluka Mithi district
Tharparkar covering 13 union councils. The results depicted that majority of the
population has been affected by the recent drought to some extent. The survey revealed
that the average household size is seven, the male female ratio is 49:51.
4.2. Key Findings:
All villages included in 13 union councils in the study were found to be affected to some
extent from the drought and its effects. Findings of the rapid assessment indicated that the
recent drought has affected approximately at least 30,561 people.
Seventy six percent respondents have no food stocks at their home.
93 percent households are not able to buy food from the nearest market due to lack of
financial resources or high cost of food.
Majority of the households (88 percent) currently have no source of income due to dry
season over the last three years.
25
Due to dry season unavailability of fodder, very scarce water supply and sheep-pox
resulted in mass mortality of live stocks. some livestock died due to different diseases.
Currently surviving hospital are mostly non-lactating, very weak with poor body
conditions, thereby these animals are unmarketable.
4.3. Livelihood (Livestock and Agriculture):
In the locations assessed, the respondents indicated that 80-95% of the population was
dependent on seasonal agriculture, livestock and livestock products as their major means
of livelihood. A complete absence of available fodder is reported in affected areas. The
data revealed that the drought related livestock mortality rate at approximately 70 %.
26
CHAPTER 05
RECOMMENDATIONS AND CONCLUDING
The previous chapters have examined the extent to which child labor on Khadi and
Agriculture plantations in Tharparkar violates child rights. Central to the consideration were
the development of the anti-child labor movement, child workers in Tharparkar and the
cultural politics of childhood. Motivations, activities children do, reasons for children
working and values attached to children across the globe were identified. From the
discussion it was concluded that, although the abolition of child labor is generally desirable,
setting a minimum age at which children may work may have devastating effects on
children’s lives – especially when child labor constitutes the family’s economic base. Thus,
abolition of child labor may not necessarily be in the best interest of children’s welfare or
the whole society.
Activities performed by children on agriculture and Khadi estates in Tharparkar may not
necessarily violate child rights when they form part of the socialization process, or when
they help children to survive in a harsh economic environment. In that way, schooling may
not be the best alternative to child labor for several reasons. It does not address immediate
needs like hunger. Additionally, the values inculcated by formal schooling may not be
relevant to the people it is intended to serve. Lack of job opportunities promised after
completing formal schooling forces people to look elsewhere for their livelihoods.
Through an examination of the cultural politics of childhood, the previous chapters have
argued that the concept of “childhood” on which child rights claims are based, is not the
same for all children, as its construction varies between peoples, cultures and societies
across the world. This variation makes compliance with child labor legislation problematic
in certain societies or regions. Additionally, education, which is considered a panacea to
child labor, is often irrelevant to the immediate needs of the children concerned. These
issues have been explored through examination of a Tharparkar case study. The extent to
which child labor violates child rights as exemplified by child workers on Khadi and
Agriculture estates in Thar remains a complex question. The thesis considers the Capability
Approach to provide a more realistic and holistic approach to contradictions and
controversies within child labor and children’s rights discourses and practice.
27
5.1. Capability Approach: Child Labour, Education and Human Rights:
The capability approach, pioneered by Amartya Sen (1985; 1999; 2005) as an approach to
welfare economics, provides an alternative to the understanding and protection of general
human rights as well as child rights. The capability approach deals with issues of global
justice, emphasizing policies meant to benefit people. It also advances the need to allow
human diversity flourish. In this case, diverse child experiences and needs are important for
promoting children’s inherent capabilities or potentials.
Sen has argued that “human rights are best seen as rights to certain specific freedoms, and
that the correlate obligation to consider the associated duties must also be centered around
what others can do to safeguard and expand these freedoms”. Freedom is central to the very
idea and project of human rights. For Sen the opportunity to have something is substantially
different from the actual having of it. Sen’s capability approach, a “species” of human rights
approach, helps people function in a variety of areas of central importance while developing
their numerous capabilities such as health, reason, leisure and many others. The
actualization of human capabilities requires material and institutional support. Thus, all
rights understood as entitlements to capabilities, require material and social preconditions
without which claims are meaningless. This approach emphasizes the heterogeneity of the
human species, observance of which lessens wild comparison of extreme cases with
different potential.
The aims of education also contribute to our understanding of whether schooling is a
panacea to child labor problem. Robeyns (2006) offers three models of education developed
from education’s different roles, namely human capital approach, a rights-based approach
and a capability approach. From a human capital approach, education emphasizes the
economistic and instrumentalist nature, aiming at boosting people’s income-generating
abilities. The problem with this approach is that although it enables an individual to acquire
economic competitiveness, it fails to recognize the intrinsic value of education, as well as
its non-material roles.
Secondly, education is a right guaranteed to all. This approach prioritizes the intrinsic value
of education whereby education prepares one for effective citizenship through informed
political participation. Human beings are the ultimate end of moral and political life. Thus,
28
everyone is entitled to education regardless of the economic benefits education will offer.
Although this approach appears more appealing, it is criticized by Robeyns for being too
rhetorical and too general to implement. Furthermore, the approach is so legalistic and
exclusively government-oriented that one wonders whether rights are merely legalistic or
are also moral precepts. Other factors constraining child learning social normal and cultural
beliefs need to be integrated.
Thirdly, education as a capability approach, critiques the understanding of rights as legal
precepts while emphasizing a range of skills that would help an individual function well.
Capabilities are real opportunities required to achieve the desired functioning of human
wellbeing. The capability approach advances both intrinsic and instrumental values for
education. Knowledge allows one to flourish and it is a valuable capability. To be well-
educated is instrumentally important for the expansion of other capabilities. However,
people should act freely in satisfying human functions. For instance, people should be given
the opportunity to get jobs, but it should entirely rest on an individual to get that job or not.
Although it has been argued that the capability approach lacks a degree of
operationalization, it remains a stronger option as it integrates both human capital and right-
based approaches to education. Stressing freedom of human choices to development, the
capability approach enhances both the intrinsic and instrumental aims of education. As well
as widening one’s 42 choices, education expands one’s economic opportunities. More
importantly, education enhances various capabilities even those for claiming one’s rights
children’s rights.
29
5.2. Recommendations to Children’s Rights:
Child labor, and violations of child rights, cannot only be considered from an economic
point of view. National human rights provisions have not had full effect on African societies
because cultural practices persist, and set great limitations on constitutional human rights
guarantees. There is need for a better understanding of cultural practices and other factors,
such as economic status, which play an important role in perpetuating child labor. Such an
understanding helps in the formulation of realistic approaches to child labor problem.
Hence, there is urgent need to consider relevant cultural factors in children’s rights
implementation, using documents such as the CRC to provide ideals in the direction of
children’s rights protection.
In the case of working children on Tharparkar’s Khadi and agriculture plantations, as well
as in other sectors, the minimum age as set within the CRC and other local legal documents
remain important in the protection of child rights. However, such documents should allow
for occasional employment of children, so that their survival is prioritized given the
economic situations. Such occasional employment should be able to satisfy the need for
socialization as required by local traditions. Although this thesis has underscored the
complexities in the abolition of child labor, it is obvious that some activities are indeed
inimical to children’s health. However, such concerns often become less relevant than the
immediate needs of the working children, as well the place they occupy within their
respective households. Improvement in working conditions for both children and adults
other than total abolition of child labor reduces anxiety about health hazard. For example,
increasing adult worker’s wages reduces reliance on children’s financial contribution, and
this would facilitate children’s commitment for school. Complete abolition of child labor,
as required by international standards, limits the attention and possibility of improving
children’s working conditions. Allowing moderate child labor will inevitably include
improved working conditions which should protect working children from economic
exploitation, hazardous activities and provide them with an opportunity to attend school.
Discourse on education differs across societies. It is therefore important to adopt
educational instruments useful social, cultural, historical or economic contexts. Given that
education is considered as an antidote to child labor problem while simultaneously offering
children their right to education, it is important to devise a system of education that serves
30
the various and specific needs of children in question. An education system that has worked
elsewhere may not necessarily work for a Thari child.
5.3. Conclusion:
Persistent conflict between constitutional and legal provisions on the one hand, and
traditional cultural definitions and practices on the other, is sometimes explained as
resulting from the fact that the concept of “rights” is not grounded in existing African
cultural traditions. For Haider (2008) international human rights law can only be meaningful
if it is rebuilt from the bottom up, with the foundations firmly rooted in the entire world’s
cultures. Additionally, it is not adequate to consider child labor as exclusively linked to
poverty in the sense of material deprivation, whose solution lies in formal education. There
is need to seek further explanations in the continent’s history, including colonial settings to
understand the current social and political dynamics of the human rights experience in
Tharparkar. It is within these political and social contexts that the contemporary idea of
legal rights as entitlements which individuals hold is based. Similarly, claims to children’s
rights should also be based on historical and cultural contexts. It is for this reason that the
thesis has argued that child labor in Tharparkar should not be limited to the economic realm,
but should also be understood from the social as well as the cultural contexts.
31
References:
1. http://historypak.com/tharparkar-the-heart-of-thar-desert/
2. http://www.aljazeera.com/indepth/features/2016/06/tharparkar-
pakistans-ongoing-catastrophe-160629111410198.html
3. http://www.aljazeera.com/indepth/features/2016/06/tharparkar-
pakistans-ongoing-catastrophe-160629111410198.html
4. http://arifhasan.org/articles/tharparkar-a-man-made-disaster
5. http://www.thardeep.org/thardeep/Publication/PubFiles/dhyc3tgtey
62CRSA_final.pdf
6. https://www.terredeshommes.nl/en/themes-overview/child-
labour?gclid=EAIaIQobChMI2tict5371wIVCx4rCh0sHAupEAAYASAAEgL
CO_D_BwE

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Research On Child Labor

  • 1. 1 UNIVERSITY OF SINDH Faculty of Social Sciences Department of Sociology Topic CHILD LABOR IN TALUKA MITHI DISTRICT THARPARKAR Submitted By: Lalchand S/o Luno Mal Roll # 2K14/SOC/31 Dilawar Hussain S/o M.Abbas Roll # 2K14/SOC/13 Mukhtiar Ahmed S/o M.Hanif Roll # 2K14/SOC/44 Submitted To: Madam Muneera Junejo (Assistant Professor) Deptt: of Sociology University of Sindh Jamshoro
  • 2. 2 CERTIFICATE This is certify that this research work entitled “Child Labor In Taluka Mithi District Tharparkar” under the supervision and guidance of Assistant Professor, Ma’am MUNEERA JUNEJO Department of Sociology, University of Sindh Jamshoro; for the partial fulfillment of requirement for the Degree of Bachelor in Sociology. We have examined this thesis and have found that, it is completed and satisfactory in all aspects. Ma’am Muneera Junejo Prof. Dr. Wasan Aijaz Ali Assistance professor Director Department of sociology Department of sociology University of Sindh University of Sindh
  • 3. 3 Table of content Acknowledgement 04 Dedication 05 Abstract 06 Sr No. Description Page No. Chapter 01 Introduction 07 1.1. Introduction and the Problem 11 1.2. Aim of research and argument 12 1.3. Thesis Structure 13 Chapter 02 Review of Literature 14 Chapter 03 Methodology 17 3.1. Analytic Framework 17 3.2. Theorizing childhood, Child labor and Children’s rights 19 3.3. The global development of anti-child labor movement 20 3.4. Historical context and perception of child labor 20 3.5. Motivations and problems in combating child labor 22 Chapter 04 Data analysis 24 4.1. Assessment Results 24 4.2. Key Finding 24 4.3. Livelihood 25 Chapter 05 Recommendation and concluding 26 5.1. Capability Approach 27 5.2. Recommendations to children rights 29 5.3. Conclusion 30 References 31
  • 4. 4 ACKNOWLEDGEMENT Thanks to Almighty Allah, Merciful, Compassionate, Gracious, and Beneficial whose help enabled us to complete this thesis. I would like to acknowledge and thank the following people for their assistance during the production of this dissertation, for his guidance through the entire process of writing this dissertation. His professional instruction in the areas of childhood studies and education has been particularly important. I also acknowledge all tutors on the Human Rights Practice program. My appreciation should also go to Prof. Bhawani Shankar, Govt: degree collage Mithi, with whom I had a fruitful discussion about Child Labor on Khadi and agriculture estates in Tharparkar.
  • 5. 5 DEDICATION Dedicated to our parents and Teachers
  • 6. 6 Abstract Tharparker is a district that occurs in the south east of Sindh. It happens to be one of the 23 districts of the Sindh Province. More than 90% of the people live in more than 200 rural villages. The headquarters of the thar is known as Mithi. A very large area of tharparker constitutes of the Thar Desert. The language spoken in tharparer region is called Dhatki which is also known as ‘Thari’ Language. Thari is basically a rajistani language and is the most spoken language in the region. However some people also speak urdu and sindhi. Tharparker homes two kinds of classes , the muslims and the Hindus. According to a consensus held in 1998, muslims constitute almost 59% of the population whereas the Hindus constitute of the rest of 41% of the total population of the region. A brief history of anti-child labor movement in America and 3 Britain is given to capture the assumptions and values behind this movement. It discusses child labor on Tharparkar Khadi and Agriculture plantations to determine how those activities viewed considering children’s specific situations, may or may not violate children’s rights. The identification of poverty as the major cause of child labor, and the compulsory schooling of children as an antidote to the problem of child labor, narrows our perception of child labor.
  • 7. 7 CHAPTER 01 INTRODUCTION THARPRKAR- THE HEART OF THE THAR DESERT The THAR district derives its name from Thar and Parker. The name Thar is from Thul, the general term for the regions sand ridges and the word Parkar literary means “to cross over”. Earlier it was known as the thar and parker district but afterwards it became one word ‘Tharparker’. Tharparker is a district that occurs in the south east of Sindh. It happens to be one of the 23 districts of the Sindh Province. More than 90% of the people live in more than 200 rural villages. The headquarters of the thar is known as Mithi. A very large area of tharparker constitutes of the Thar Desert. The language spoken in tharparer region is called Dhatki which is also known as ‘Thari’ Language. Thari is basically a rajistani language and is the most spoken language in the region. However some people also speak urdu and sindhi. Tharparker homes two kinds of classes , the muslims and the Hindus. According to a consensus held in 1998, muslims constitute almost 59% of the population whereas the Hindus constitute of the rest of 41% of the total population of the region. The Thari culture is somewhat a mixture of the Gujrati, rajistani and Sindhi Culture. However the Rajistani Culture overshadows the other two. Also the Thari Music seems to be more inspired from the rajistani traditional music however it has a sound and feel of its own. The Thari’s are very honest and hardworking people and are very hospitable. The nature and mindset of the thari people is very uncertain. Whatever they see they want to make sure it is real by touching it. This uncertainty is generated due to the conditions they live in. More than 80% of the people livelihood is dependant upon the rain fed agriculture and livestock. The thari desert is full of folklores which are a very important part of the thari culture. It has a culture of its own which is like no other place. It provides lots of ways to sink into the Sindhi Culture. Thar infact is a place where folk songs and folklores actually exist in their original form. Even though it is a land of shifting dunes but still the people have learned to live in and adapt to the place.
  • 8. 8 The thari life is full of adventures for visitors who visit in order to explore the indigenous cultures , traditions and lifestyles. Some of the peculiar scenes of the desert include the Sun- rising and sun-setting scenes viewed from atop of a due camel caravans, the grazing herds, big and small sand dunes with thorny bushes, traditional dresses and jewellery of women, folk songs sung in wilderness. Thari women’s The Thari women wear ghagra’s which are long swirling skirts and work in fields and work with their counterparts and help them earn wheat to feed their families. They cover their faces with veils while wearing silver jewellery . The veil protects them from harsh sun and sand and it also saves them from the desirous eyes of men. The married, unmarried and widowed women wear different clothes and they can easily be differentiated from the way they are dressed like. The unmarried girls do cover their arms fully with the white bangles. Women largely communicate within their own caste, within which they can marry exclusively. Opportunities for meeting women of other castes become more restricted with higher status. The higher caste women observe strict seclusion while poorer are freer to undertake their field tasks.
  • 9. 9 Thari men’s The Thari men are usually tall and dark. Most of them have moustaches and many keep beards too. They wear turbans which symbolizes their pride in being a thar. Festivals Many fairs and festivals are held in the region which provides opportunity to the villagers from remote areas and villages to meet each other. This way livestock deals are also stuck and they all get to enjoy their cultural music and dances together. Their lifestyle is influenced by a celebration for every religious occasion and for every change in season. The harvesting season is the one which is celebrated with most zeal and is the biggest one celebrated among the people. This all is also reflected in their arts and crafts. Dances Like other parts of Pakistan, Thar also has a few folk dances including dandan rand, mitco, chakar rand and rasooro. The dandan rand is the kind of dance that is performed by eight or ten men, having one small stick in one hand and silk handkerchief in the other one, on the dhol beat in a circle. The dhol player also sings the songs while rest of the men dance. The mitco dance is the solo performance by a male dancer. It is also performed by women in their houses on weddings of their sons alone. The chakar rand dance is the traditions Thari
  • 10. 10 Muslims. The male dancer performs it holding a sword in his hand on dhol beat. The rasooro is a stick dance by women even dhol is played by women and some women also sing song on the dhol beat. Tribes Thar also has a very divergent colony of traditional tribes but they share many common characteristics which seems to bring together their pasts. Despite their diversity in costumes jewellery and customs a singularity also exists which seems to keep them bonded together. The hindu communities hold arranged marriages outside their communities. Whereas the muslim community remains reluctant when it comes to marriages outside the community. Thar faces the pre monsoon weather which goes on from the month of April to the month of June. The hottest temperatures are observed in the month of june during which the temperatures vary between 35 to 45 degrees at times. The place always seems to be home to sand storms. The people of thar are very creative when it comes to arts and crafts. Pottery, puppets, leather items, wood items, Carpets , Metal Wares, Block Prints, Tie and Dye Fabrics, Embroidered Shoes, Mirror Work on Clothes and Sheets, Painting, Kundan, Meenakari are a few arts and crafts of Thar. The handicrafts heritage is a very fine combination of colours and textures. The depth and range of this heritage stems from its socio economic ethos with the whole village pursuing certain crafts which are essential to their daily survival and needs. These handicrafts are what constitutes mainly of their economy. The thari economy reflects the barter system basically and they are the kind where a village is supposed to take care of almost all of its needs by itself.
  • 11. 11 1.1. Introduction and the Problem In Tharparkar, Khadi & Agriculture plantations are known to employ child labor. Children as young as 6 works alongside their parents, sometimes in hazardous conditions. These children often do not attend school. The government and numerous organizations are involved in attempts to abolish child labor on these plantations but there are many challenges. This thesis will explore this issue, contextualizing it in a global framework asking questions: What is child labor? What does the concept of "child" imply and how does this differ in different parts of the world? What is the role of education? Is education a solution to child labor? Child labor is generally defined as employment of children on a sustained and regular basis. It is also often considered as the employment of children who are below a specific legal age. Usually child labor is harmful and to have negative impact on the physical as well as mental development of children while interfering with their education. Almost all international documents dealing with child rights consider every aspect of child labor undesirable as they consider it either harmful to children’s physical, emotional, psychological and social development, or interferes with the children’s schooling. Recognizing children’s need for special care and protection, state parties to these documents have reflected the desire to eliminate child labor in their legal documents. Child labor abolition is mostly premised on the distinction between child labor and child work. This has been buttressed by the conceptualizations of child and childhood and their assigned roles in different societies. Child labor is generally considered harmful while child work is considered appropriate. Children’s work within the family is less harmful. Hence, child work normally refers to activities that are light while child labor refers to activities likely to impair children’s health and development. In some societies such a distinction is absent. It has been argued that not all work done by children is “bad” in the sense of harming their health and development. And some suggest the real problem is not whether children work, but rather the conditions in which individual children. The UN Convention on the Rights of the Child (CRC 1989) views child labor as a human right violation. Child labor is damaging, and to violate children's rights as it hampers children’s appropriate emotional, physiological, psychological and social development. The
  • 12. 12 CRC aims to free children 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”. Another assumption is that working children rarely attend school and if they do, the attention is minimal. Child labor is then blamed for violating children’s right to education. 1.2. Aim of the Research and Argument: This research examines the extent to which child labor practices on Khadi and Agriculture estates in Tharparkar violate child rights. A brief history of anti-child labor movement in America and 3 Britain is given to capture the assumptions and values behind this movement. It discusses child labor on Tharparkar Khadi and Agriculture plantations to determine how those activities viewed considering children’s specific situations, may or may not violate children’s rights. The identification of poverty as the major cause of child labor, and the compulsory schooling of children as an antidote to the problem of child labor, narrows our perception of child labor. Child labor persists in Thar even though primary education was made free in beginning. Though considered a panacea to child labor, formal education faces critical challenges as to its relevance to the households whose children are working. Note that the formal education curriculum has been challenged as it falls short of addressing the needs of people whose life is largely dependent on economic contribution made by all members of the household including children, and parents are desperate to receive child’s earnings. Hence making formal education a remedy to child labor becomes unattractive not only because of lack of employment for those educated, but also because it inculcates values different from those propagated by traditional education. Given the inadequacy within the “poverty discourse” to account for child labor and the prescription of schooling as a panacea for child labor in Thar, this thesis considers “cultural politics of childhood” an important aspect in understanding child labor and child rights. Thari society’s perception of children is linked to production relations within households. Children work in some societies and not in others. In Thar, before working on estates, children have already been working in their homes. Most tasks on the plantations are like
  • 13. 13 those children often do at home. Plantation work has only exploited the already existing social and production conditions and relations. Some children consider working is itself their right as it ensures their survival. In places like Thari children are expected to contribute to family income. Besides, the distinction between child labor and child work rarely exists in certain languages and cultures. Usually, child labor simply means work done by children without qualifying it as light or dangerous. The local people do not share the motivations behind global elimination of child labor. Given the cultural, economic and social circumstances of children and their families, child labor does not necessarily violate child rights, although admittedly certain jobs put children’s lives in danger. This thesis will explore these nuances and different cultural perceptions in its analysis of child labor and children’s rights to determine the extent to which child labor violates children’s rights. 1.3. THESIS STRUCTURE This study has three chapters. Chapter 1 introduces the problem of child labor and identifies methods of enquiry and analytical approach. It clarifies the question whether child labor on Tharparkar’s Khadi and Agriculture estates violates child rights given the children’s economic as well as cultural conditions that are responsible for children’s involvement in paid work. Chapter 2 outlines global and historical development in the abolition of child labor focusing on United States of America and Britain as these countries are known to have initiated calls to abolish child labor. Reasons for the growth of such movements are highlighted. Chapter 3 arguing that incidents of child labor on tea and tobacco estates cannot a priori be considered a violation of child rights. However, violation of child rights may occur if children and their families are provided with practical alternatives which not only drive children out of wage employment, but also assist them in meeting their daily needs. The analysis on children working on tea and tobacco estates in Malawi provides an insight into how similar cases can be handled elsewhere in the world. The conclusion recommends the capability approach as a realistic model to human and children’s rights.
  • 14. 14 CHAPTER 02 REVIEW OF LITERATURE The International Labor Organization (ILO) Convention 182 calls for the prohibition and elimination of the worst forms of child labor. In addition to universally condemned occupations such as child slavery, prostitution, pornography and drug trafficking, the worst forms include work that is likely to jeopardize the health, safety or morals of young persons (ILO, 1999). The ILO estimates that there are 111 million children aged 5 to 14 involved in hazardous work.1 This number is equivalent to 53% of working children and about 9% of all children in the world. Children engaged in such activities are presumed to face immediate health threats by the nature of the work. However, child labor could also have health consequences that only become manifest in adulthood. Such long-term health risks can develop from early exposure to dust; toxins; chemicals such as fertilizer and pesticides; inclement weather; heavy lifting; or the forced adoption of poor posture. Hazards may also threaten psychological health through exposure to abusive relationships with employers, supervisors or clients (ILO, 1998). Estimating the causal effect of early entry into the labor market on adult health is complicated by the selection process which sorts children into the labor market. On the one hand, we might expect that only reasonably healthy children would be sent to work at young ages. Sickly children would not be capable of work. On the other hand, children from the poorest households are the most likely to work, and growing up in poverty may be correlated with adverse health outcomes.2 Thus, the early incidence of child labor may be correlated with unobservable positive or negative health endowments that could affect adult health in addition to any direct impact of child labor on health. These unobserved health endowments cloud the interpretation of simple correlations between child labor and adult health outcomes. Another confounding factor is that child labor may affect a child’s years of schooling completed, and education has been shown to positively affect adult health.3 The effect of child labor on education in Brazil is uncertain. Because the average school day lasts only four hours, many children in Brazil both work and attend school. Child labor may help the household afford more years of schooling. On the other hand, child labor may retard child
  • 15. 15 cognitive attainment per year of schooling, and it may also lead to earlier exit from school into full time work.4 A complete assessment of the effect of child labor on health must consider the indirect effect of child labor on schooling. Until recently, most studies linking child labor and health have focused on the health of currently working children. The comprehensive review by Graitcer and Lerer (1998) presented a mixed picture of international evidence regarding the impact of child labor on health, primarily because of data limitations. Data on the extent of child labor itself is subject to considerable error, but data on the incidence of child injuries on the job are even more problematic. Sources of information come from government surveillance, sometimes supplemented by data from worker’s compensation or occupational health and safety incidence reports. These latter sources are less likely to be present in the informal labor markets in which child labor is most common, and government surveillance is often weak. Nevertheless, reported injury rates are not small: of working children aged 10-14, 9% are estimated to suffer injuries annually, and 3.4% are estimated to suffer disabling injuries. Rosati and Straub (2004) used a sample of Guatemalan siblings that controlled for unobservable household attributes in assessing the impact of child labor on adult health. However, their strategy still treats child labor and possible resulting decisions regarding schooling and income as exogenous. In addition, their sample is restricted to adults who are still living with their parents, and so their sample is heavily weighted toward relatively young adults. Moreover, if the decision to live with parents is conditioned on health outcomes, as would be the case if healthy children are more likely to live on their own and children suffering illness or disability are more likely to remain with their parents, then their sample will be biased toward finding adults with health problems. Selection might explain why they find such large adverse health consequences: having worked as a child increased by 40% the probability of having health problems as an adult. Nevertheless, their finding of very large health consequences from child labor illustrates the importance of further examining the link between child labor and adult health. The downward pattern between age of labor market entry and adult adverse health outcomes are found for many self-reported problems including walking, bending, lifting, pushing, climbing stairs, and kidney disease (see Appendix 1). Other than the last measure, these health problems appear to be physical and potentially associated with repeated physical
  • 16. 16 stress. In contrast, no apparent correlation between child labor and adult health exists for self-reported asthma, diabetes, cancer, tuberculosis, cirrhosis, depression, heart disease, and tendonitis. Other than the last indicator, these health conditions tend to reflect heredity and life style choices rather than physical ailments. These correlations suggest that there may indeed be a relationship between starting to work at a young age and poor lifetime health. The balance of the paper examines whether we can identify a causal link between child labor and adult health that is consistent with the correlational patterns.
  • 17. 17 CHAPTER 03 METHODOLOGY This research uses a case study of child labor on Khadi and Agriculture estates in Tharparkar to determine the circumstances in which child labor violates children’s rights. Paradoxes involved in the effort to eliminate child labor in Tharparkar are explained, paying attention to how child labor falls within the domain of human rights. Secondary data from research reports on child labor on Khadi and Agriculture estates in Tharparkar and other third world countries are used. International documents especially the human rights conventions, for instance the CRC, have provided direction of this debate. Books and academic journal articles were extensively used. These provided significant academic perspectives regarding the emergence of human rights in general and child rights. A significant proportion of literature consulted calls for immediate elimination of child labor. Often, arguments advanced for the elimination of child labor are too simplistic. For instance, it has been widely and simply assumed that child labor results from abject poverty and that the only solution is compulsory primary schooling. However, merely outlawing of child labor and introduction of compulsory schooling for children may not be enough. Kiel land et al (2006) consider this approach problematic because most legal regulations against child labor are initiated in the international organizations that debate and design programmed at a distance, both physically and culturally, from the intended users. Given that culture is acknowledged, albeit in passing, it must be considered seriously for once, especially establishing children’s place within family structures. Additionally, the solution of formal education is challenged by its visible lack of employment opportunities for those graduating from the university and those who complete secondary school education. Therefore, it is unlikely that it will appeal to people who must survive economic hardships. 3.1. ANALYTICAL FRAMEWORK: In dealing with the problems of child labor and human rights several questions come to mind: Is poverty the ultimate cause of child labor? Is compulsory schooling a panacea to 5 child labors? What does the “child’s best interest” consist of? It is assumed that poverty leads to child labor and this can be solved by sending children to school and that it is in the
  • 18. 18 best interest of the children. Exploring these questions can help answer the much bigger and ultimate puzzle: whether child labor fundamentally violates child rights. This thesis examines whether tasks which children perform pose real danger to their lives. Clarifying these issues will help assess the claim that child labor violates children’s right to education and good life. Additionally, it is relevant to discuss the effectiveness and practicability of formal education. This will be approached through a discussion of various approaches to education and child labor namely: education as human rights, capability and economic approaches. As an entitlement, education should promote substantive opportunities and boost human capabilities through freedom of processes. The questions may also be addressed by considering human rights institutionalization as an emergent arrangement reflecting the prevailing balances of political interests. A case in point is the globalization process which has facilitated the spread of human rights as a moral as well as a political theory. Globalization was initially presented as a process of “simple” homogenization of the market economy. Initially, only economic and political dimensions were underlined, but later a growing number of scholars have considered its cultural dimension as an important phenomenon as well (Nawojczy 2006). This thesis considers the cultural dimension indispensable for understanding the persistence of child labor in third world countries. Essentially, human rights require cultural as well as historical relevance and adequacy to be meaningful. This helps to determine whether child labor practices, viewed elsewhere as interfering with children’s proper development, violate children’s rights, given the circumstances surrounding the working children. In its analysis, the paper uses a combination of analytical tools namely, conceptual analysis as a variety of content analysis, some aspects of discourse analysis and deconstruction of such concepts as childhood, work and child labor. These tools help to determine how a image of childhood or work influences the way children are treated in different societies. For instance, a puritan discourse or conceptualization of childhood implies adult absolute authority whereby children should be carefully controlled, regulated and disciplined. The assumption is that adults act in the child’s long term best interests even if this makes a child unhappy for just a while (Rogers 2001). Such an analysis provides us with valuable historical and cultural insights into how child labor relates to child rights. Deconstruction 6 and conceptualization of childhood and child labor help us to determine why despite powerful instruments being used at both local and international levels, child labor thrives,
  • 19. 19 not least in the third world countries. With cultural politics of childhood which discusses how childhood is constructed and valued in different societies, we cannot immediately conclude working children have their rights violated. 3.2. THEORIZING CHILDHOOD, CHILD LABOR AND CHILDREN’S RIGHTS: Central to the argument advanced here is the notion of cultural politics of childhood. Issues of childhood are highly contentious. Although the desire is to promote and safeguard the welfare of children in society, children’s best interests become controversial and contested, for ‘childhoods’ lack common locale. Childhoods are shaped by a range of factors which include “race, class, religion, gender and to a certain extent disability”. Today it is often argued that the Euro-American values have come to define all that is good, beautiful and true. This includes even our scientific and pragmatic understanding of the nature of children. However, as I will argue, it is important to recognize the complexity arising in understanding the concept of childhood. Childhood, which has different underlying forces shaping it, is used to justify different aspects of child welfare. In some cases, people will use biological fitness, and in others, subsistence systems. Supporting this position, James et al. argue that childhood today has become “popularized, politicized, scrutinized and analyzed in a series of interlocking spaces in which the traditional confidence and certainty about children and children’s social status are being radically challenged”. Hence, there exists a variety of approaches to childhood corresponding to different fields in which childhood is of interest. Given the variations in the perception and conceptualization of child and childhood, there is need to consider these radically different ways of viewing and thinking about children if their plight is to be addressed appropriately within concrete social, cultural, historical and economic situations. An anthropological lens, although widely criticized by scholars and activists promoting universal human rights (Tilly 2000), helps determine the extent to which we appreciate children’s relative value. The tasks undertaken by children particularly in the third world countries have for a long time been explained in terms of “socialization, education, training and play”. Despite an avalanche of academic challenges to the importance anthropological perspectives on human issues, it 7 will be argued that what one may consider as a violation of child rights will vary significantly because the object of interest – in this case the child or childhood – is not a settled concept.
  • 20. 20 3.3. The Global Development of Anti-child Labour Movement This chapter discusses the global historical development of anti-child labor movement around the world, especially the growth, motivations, values and assumptions embedded in such movement. Such motivations help in determining the extent to which child labor “intrinsically” violates child rights. The chapter also considers tasks that children performed, and the reasoning behind it. These provide necessary pointers for understanding the complexity and challenges faced in determining the extent to which child labor violates children’s rights. The chapter specifically dwells on the events which took place in Britain and the United States at the beginning of 19th century through the 20th century until when the CRC was drawn up in 1989. It is widely held that the worldwide movement against child labor has its roots in national movements that emerged in the industrialized nations in the 19th century (Fyfe 2007). The international efforts against child labor led to the founding of the ILO in 1919 when it developed the first Minimum Age Convention regulating the age at which children were considered responsible (UNICEF 2001). However, the actual coordinated efforts emerged in the 1980s when new actors such as non-governmental organizations (NGOs) began to work with the ILO framework, tackling child labor from multidimensional perspectives. In Africa, attention to the child labor problem is relatively new as serious attempts to abolish child labor became visible thanks to the 1989 CRC. 3.4. Historical Context and Perception of Child Labour: Perspectives on child labor can be understood by examining the history from which they draw meaning. “Child labor”, in terms of harmful activities, as opposed to “child work”, in terms of friendly activities for children, can be traced to the rise in industrial production and capitalism. For Shahrokhi (1996), records show that child labor appeared in the earlier stages in agricultural societies. However, the practice became more conspicuous in the 18th century Britain, and this is when people began to be opposed to it. Boys as young as 10 were employed in factories and mines whose activities were deemed dangerous to children’s health. By 1880, the English Education Act had decreed that all children between 5 and 10 9 years should attend school hoping that they would eventually be excluded from workplace considered to be adult sphere (James et al. 2004).
  • 21. 21 The term “child labor” was coined in Britain during the 19th century and it implied that the children were not supposed to work at all. Today, in the developed world, child labor is considered inappropriate for children below a certain age. Activities defined as child labor exclude household and school-related for these are considered not hazardous for children’s health. However, the minimum age by which children should work varies from country to country and is sometimes dependent on the type of work that children do. Besides, languages in some countries lack phrases forbidding children to work. The most common expression used is the one like “child work” (Dottridge et al. 2005). Many countries as well as international organizations consider child labor exploitative and have made it illegal (Pakhare 2007). During the Industrial Revolution, children as young as 4, were employed in production factories. At that time, the conditions of work in factories were dangerous and often fatal. Children worked with cotton milling machines; they also worked in coal mines where they crawled through tunnels which were too narrow for adults. Some children worked as domestic servants while others worked as prostitutes (Pakhare 2007). Children worked as assistants or apprentices in the lodging industries. Girls learned how to sew, knit, and plait straw while boys learned how to soften leather, shape cast iron, and weave warp and weft. Tuttle (2006) argues that the industry preferred children to adults because children provided cheap labor as they were “submissive, uneducated and nimble” (Tuttle 2006:143). Children, mainly from poor families, were expected to help towards the family livelihood. Apart from wage employment, children also worked on the family farm where they pulled weeds, planted seeds and harvested crops. Such economic forces and stereotyping coupled with child vulnerability became so strong that neither child labor laws nor mandatory schooling legislation were an effective means to stop child labor. The period of industrialization in Great Britain and other European countries saw children’s work shift from home and farm and into mills, factories and mines. The nature of child labor changed dramatically with changes from the informal to the formal production during the British Industrial Revolution, to bring them in line with new demands by industries. Unlike the pre-industrial era when children worked at home with their families, children began to 10 works outside the home in factories and mines for strangers for a wage, creating a rare opportunity for children to become independent wage earners. Children worked long hours
  • 22. 22 in hot stuffy factories and in cold damp coal and metal mines, with only a few short recesses. It is claimed that children could work as much as 16 hours for a day (Tuttle 2006). 3.5. Motivations and Problems in Combating Child Labour The UN CRC also became a landmark development in international law, enhancing and underlining the commitment to assisting working children. Child rights are also mentioned, albeit in passing, in the major UN Human Rights Treaties. For example, the International Convention on Economic, Social and Cultural Rights (ICESCR 1996) obliges state parties to criminalize employment of children under conditions deemed “harmful to their morals or health”. However, the CRC was framed specifically to address children’s concerns. Together with the ICESCR, it demands protection of the child against economic and social exploitation. The CRC included novel aspects of child protection against sexual abuse and other forms of exploitation and against the recruitment of children to participate in any form of war activities. The ILO C182 also included aspects of child protection, prohibiting and demanding immediate elimination of the worst forms of child abuse such as slavery and forced labor, child trafficking, forced recruitment for armed conflict, child prostitution and pornography, production and trafficking of drugs (Law 2005). This categorization, which reflects the global consensus to eliminate child labor, was unanimously agreed at the 1999 13 ILO Conference. The Convention mandates national governments to determine the exact types of work to be prohibited as hazardous work. It also requires ratifying States to design and implement programs of action to eliminate existing child labor and to prevent emerging instances. Such measures should include the rehabilitation and free education or vocational training for the children concerned. The ILO C138 has its ultimate objective as the effective abolition of child labor, using minimum age as an instrument to that end. The enforcement of compulsory education as a replacement for child labor had, according to Stamble, two major problems. First, the statistics provided for claiming effectiveness in the program could not match the reality. A significant number of children still worked and 14 were unaccounted for. Secondly, the courts’ attitude towards compulsory school attendance was indifferent as they supported the traditional parental right to wield authority over children. The courts sympathized with poor parents who depended on children’s income, finding it even extremely difficult to fine parents found in breach of child labor
  • 23. 23 legislation (Stambler 1968). Compulsory schooling was considered unfavorable for family survival. Failure to impose these compulsory school regulations in New York was also partly blamed on the general public’s and parents’ lack of conviction that school attendance was a valuable thing. Nonetheless, in enforcing compulsory education, they insisted on children securing papers which usually attested to their age and attendance at school, before children could be employed (Stambler 1968). Although the desire for a child labor free global society gathered momentum at the end of the 1990s around the adoption of the ILO C182 in 1999, there are signs this momentum has subsided. A case in point is the rise in incidences of child labor practices in the third world countries. This is contrary to the international community’s expectations of immediate improvement. Perhaps there is too much attention to the economic explanation at the expense of other equally important factors contributing to the occurrence of the phenomenon. There is need to consider alternative explanations to child labor so that cases of child labor in violation of child rights are isolated. For this reason, the next chapter discusses child labor in Malawi. It focuses on factors responsible for its occurrence on tea and tobacco estates to determine possible violation of child rights.
  • 24. 24 CHAPTER 04 DATA ANALYSIS For the rapid assessment multi-stage cluster sampling strategy was adopted. There were two stage of sample selection including taluka Mithi and all 13 union councils in the study. The villages and households were selected through randomization technique. The Key Informant Interviews were conducted from each selected household, and the respondents were the women and the men. Data collected from the various respondents was cross-verified, and used to identify the trends across villages. All the interviews were semi-structured, based on a questionnaire prepared prior to departure based on preliminary research (questionnaire was adopted and modified from Multi Cluster Initial Rapid Assessment tool, and allowing both the interviewer and the respondent the flexibility to discuss issues. The key Informants were identified through consultations with local community representatives. Assessment teams were made up of four male enumerators, four female enumerators and one supervisor. 4.1. ASSESSMENT RESULTS The rapid assessment was conducted from 11 June to 15 July 2017, in taluka Mithi district Tharparkar covering 13 union councils. The results depicted that majority of the population has been affected by the recent drought to some extent. The survey revealed that the average household size is seven, the male female ratio is 49:51. 4.2. Key Findings: All villages included in 13 union councils in the study were found to be affected to some extent from the drought and its effects. Findings of the rapid assessment indicated that the recent drought has affected approximately at least 30,561 people. Seventy six percent respondents have no food stocks at their home. 93 percent households are not able to buy food from the nearest market due to lack of financial resources or high cost of food. Majority of the households (88 percent) currently have no source of income due to dry season over the last three years.
  • 25. 25 Due to dry season unavailability of fodder, very scarce water supply and sheep-pox resulted in mass mortality of live stocks. some livestock died due to different diseases. Currently surviving hospital are mostly non-lactating, very weak with poor body conditions, thereby these animals are unmarketable. 4.3. Livelihood (Livestock and Agriculture): In the locations assessed, the respondents indicated that 80-95% of the population was dependent on seasonal agriculture, livestock and livestock products as their major means of livelihood. A complete absence of available fodder is reported in affected areas. The data revealed that the drought related livestock mortality rate at approximately 70 %.
  • 26. 26 CHAPTER 05 RECOMMENDATIONS AND CONCLUDING The previous chapters have examined the extent to which child labor on Khadi and Agriculture plantations in Tharparkar violates child rights. Central to the consideration were the development of the anti-child labor movement, child workers in Tharparkar and the cultural politics of childhood. Motivations, activities children do, reasons for children working and values attached to children across the globe were identified. From the discussion it was concluded that, although the abolition of child labor is generally desirable, setting a minimum age at which children may work may have devastating effects on children’s lives – especially when child labor constitutes the family’s economic base. Thus, abolition of child labor may not necessarily be in the best interest of children’s welfare or the whole society. Activities performed by children on agriculture and Khadi estates in Tharparkar may not necessarily violate child rights when they form part of the socialization process, or when they help children to survive in a harsh economic environment. In that way, schooling may not be the best alternative to child labor for several reasons. It does not address immediate needs like hunger. Additionally, the values inculcated by formal schooling may not be relevant to the people it is intended to serve. Lack of job opportunities promised after completing formal schooling forces people to look elsewhere for their livelihoods. Through an examination of the cultural politics of childhood, the previous chapters have argued that the concept of “childhood” on which child rights claims are based, is not the same for all children, as its construction varies between peoples, cultures and societies across the world. This variation makes compliance with child labor legislation problematic in certain societies or regions. Additionally, education, which is considered a panacea to child labor, is often irrelevant to the immediate needs of the children concerned. These issues have been explored through examination of a Tharparkar case study. The extent to which child labor violates child rights as exemplified by child workers on Khadi and Agriculture estates in Thar remains a complex question. The thesis considers the Capability Approach to provide a more realistic and holistic approach to contradictions and controversies within child labor and children’s rights discourses and practice.
  • 27. 27 5.1. Capability Approach: Child Labour, Education and Human Rights: The capability approach, pioneered by Amartya Sen (1985; 1999; 2005) as an approach to welfare economics, provides an alternative to the understanding and protection of general human rights as well as child rights. The capability approach deals with issues of global justice, emphasizing policies meant to benefit people. It also advances the need to allow human diversity flourish. In this case, diverse child experiences and needs are important for promoting children’s inherent capabilities or potentials. Sen has argued that “human rights are best seen as rights to certain specific freedoms, and that the correlate obligation to consider the associated duties must also be centered around what others can do to safeguard and expand these freedoms”. Freedom is central to the very idea and project of human rights. For Sen the opportunity to have something is substantially different from the actual having of it. Sen’s capability approach, a “species” of human rights approach, helps people function in a variety of areas of central importance while developing their numerous capabilities such as health, reason, leisure and many others. The actualization of human capabilities requires material and institutional support. Thus, all rights understood as entitlements to capabilities, require material and social preconditions without which claims are meaningless. This approach emphasizes the heterogeneity of the human species, observance of which lessens wild comparison of extreme cases with different potential. The aims of education also contribute to our understanding of whether schooling is a panacea to child labor problem. Robeyns (2006) offers three models of education developed from education’s different roles, namely human capital approach, a rights-based approach and a capability approach. From a human capital approach, education emphasizes the economistic and instrumentalist nature, aiming at boosting people’s income-generating abilities. The problem with this approach is that although it enables an individual to acquire economic competitiveness, it fails to recognize the intrinsic value of education, as well as its non-material roles. Secondly, education is a right guaranteed to all. This approach prioritizes the intrinsic value of education whereby education prepares one for effective citizenship through informed political participation. Human beings are the ultimate end of moral and political life. Thus,
  • 28. 28 everyone is entitled to education regardless of the economic benefits education will offer. Although this approach appears more appealing, it is criticized by Robeyns for being too rhetorical and too general to implement. Furthermore, the approach is so legalistic and exclusively government-oriented that one wonders whether rights are merely legalistic or are also moral precepts. Other factors constraining child learning social normal and cultural beliefs need to be integrated. Thirdly, education as a capability approach, critiques the understanding of rights as legal precepts while emphasizing a range of skills that would help an individual function well. Capabilities are real opportunities required to achieve the desired functioning of human wellbeing. The capability approach advances both intrinsic and instrumental values for education. Knowledge allows one to flourish and it is a valuable capability. To be well- educated is instrumentally important for the expansion of other capabilities. However, people should act freely in satisfying human functions. For instance, people should be given the opportunity to get jobs, but it should entirely rest on an individual to get that job or not. Although it has been argued that the capability approach lacks a degree of operationalization, it remains a stronger option as it integrates both human capital and right- based approaches to education. Stressing freedom of human choices to development, the capability approach enhances both the intrinsic and instrumental aims of education. As well as widening one’s 42 choices, education expands one’s economic opportunities. More importantly, education enhances various capabilities even those for claiming one’s rights children’s rights.
  • 29. 29 5.2. Recommendations to Children’s Rights: Child labor, and violations of child rights, cannot only be considered from an economic point of view. National human rights provisions have not had full effect on African societies because cultural practices persist, and set great limitations on constitutional human rights guarantees. There is need for a better understanding of cultural practices and other factors, such as economic status, which play an important role in perpetuating child labor. Such an understanding helps in the formulation of realistic approaches to child labor problem. Hence, there is urgent need to consider relevant cultural factors in children’s rights implementation, using documents such as the CRC to provide ideals in the direction of children’s rights protection. In the case of working children on Tharparkar’s Khadi and agriculture plantations, as well as in other sectors, the minimum age as set within the CRC and other local legal documents remain important in the protection of child rights. However, such documents should allow for occasional employment of children, so that their survival is prioritized given the economic situations. Such occasional employment should be able to satisfy the need for socialization as required by local traditions. Although this thesis has underscored the complexities in the abolition of child labor, it is obvious that some activities are indeed inimical to children’s health. However, such concerns often become less relevant than the immediate needs of the working children, as well the place they occupy within their respective households. Improvement in working conditions for both children and adults other than total abolition of child labor reduces anxiety about health hazard. For example, increasing adult worker’s wages reduces reliance on children’s financial contribution, and this would facilitate children’s commitment for school. Complete abolition of child labor, as required by international standards, limits the attention and possibility of improving children’s working conditions. Allowing moderate child labor will inevitably include improved working conditions which should protect working children from economic exploitation, hazardous activities and provide them with an opportunity to attend school. Discourse on education differs across societies. It is therefore important to adopt educational instruments useful social, cultural, historical or economic contexts. Given that education is considered as an antidote to child labor problem while simultaneously offering children their right to education, it is important to devise a system of education that serves
  • 30. 30 the various and specific needs of children in question. An education system that has worked elsewhere may not necessarily work for a Thari child. 5.3. Conclusion: Persistent conflict between constitutional and legal provisions on the one hand, and traditional cultural definitions and practices on the other, is sometimes explained as resulting from the fact that the concept of “rights” is not grounded in existing African cultural traditions. For Haider (2008) international human rights law can only be meaningful if it is rebuilt from the bottom up, with the foundations firmly rooted in the entire world’s cultures. Additionally, it is not adequate to consider child labor as exclusively linked to poverty in the sense of material deprivation, whose solution lies in formal education. There is need to seek further explanations in the continent’s history, including colonial settings to understand the current social and political dynamics of the human rights experience in Tharparkar. It is within these political and social contexts that the contemporary idea of legal rights as entitlements which individuals hold is based. Similarly, claims to children’s rights should also be based on historical and cultural contexts. It is for this reason that the thesis has argued that child labor in Tharparkar should not be limited to the economic realm, but should also be understood from the social as well as the cultural contexts.
  • 31. 31 References: 1. http://historypak.com/tharparkar-the-heart-of-thar-desert/ 2. http://www.aljazeera.com/indepth/features/2016/06/tharparkar- pakistans-ongoing-catastrophe-160629111410198.html 3. http://www.aljazeera.com/indepth/features/2016/06/tharparkar- pakistans-ongoing-catastrophe-160629111410198.html 4. http://arifhasan.org/articles/tharparkar-a-man-made-disaster 5. http://www.thardeep.org/thardeep/Publication/PubFiles/dhyc3tgtey 62CRSA_final.pdf 6. https://www.terredeshommes.nl/en/themes-overview/child- labour?gclid=EAIaIQobChMI2tict5371wIVCx4rCh0sHAupEAAYASAAEgL CO_D_BwE