Child labour

A PRESENTATION ON
CHILD LABOUR
by
Maj Gen Nilendra Kumar
An effort for
Bachpan Bachao Andolan
and
Lex Consilium Foundation

CHILD LABOUR
“Child labour and poverty are inevitably bound
together and if you continue to use the labour of
children as the treatment for the social disease of
poverty, you will have both poverty and child
labour to the end of time.”
-Grace Abbott
American
social worker

CHILD LABOUR
Child labour refers to the employment of
children in any work that deprives children of
their childhood. It may interfere with their
ability to attend regular school. It is mentally,
physically, socially or morally dangerous and
harmful.

ANOTHER DEFINITION
“The system of employing or engaging a child to provide labour or
service to any person, for any payment or benefit , paid to the child
or to any other person exercising control over the said child .”
Delhi High Court in Save the Childhood , Foundation Case , 15th November 2014)
WP(Crl), 2069/2005

BEGAR
It may be loosely described as labour or service which a
person is forced to give without receiving any remuneration
for it.
PUDR v UOI, (1982) 3 SCC 235.

NUMBERS OF CHILD LABOURERS
GLOBALLY
168 million (ILO data)
It is a myth that the children employed as
child labour are usually orphans.
Only about 3 out of 1000 are orphans

SIZE OF CHILD LABOUR
• “According to ILO today more than 168 million children between
the ages of 5 and 14 work.”
INDIA
• Officials estimates indicate the number of child labourers as 4.3
million.
• Analysis of census data 2011 by BBA puts the number as 11.7
million.
• Number of children between 6-14 years (as per Census 2011)
who are out of school is 33.9 million. These are all vulnerable to
labour.

NUMBER OF WORKING CHILDREN IN
INDIA
Main workers (who work for more than six months in a year) -
4.35 million
Main workers, marginal and those seeking (available for) work-
11.7 million
-Census data 2011 (ORGI)

MHA and MWCD Data
• Child Trafficking cases - 4,52,000
• Prosecutions – 25,006
APPALING FIGURES
NUMBER OF CONVICTIONS FOR CHILD LABOUR DURING 2008-12: 3394
Obviously, the offenders are not being made to answer for their answers for their crimes.
Source: Crime in India Report 2014 & 2015
National Crime Records Bureau
2014 2015
FIR lodged 147 251
Victims rescued 485 449
Offenders produced for trial 74 152
Convictions 3 7
Pendency 90% 94.3%

CHILDHOOD TRAMPLED
Children are at work as domestic servants, in different
industries, service sectors, agricultural sector, unskilled
labour etc.

CHILD LABOUR IN CARPET INDUSTRY
Out of 3,00,000 child workforce 70 percent are
migrants and engaged in bonded labour. They
hail from the states of Bihar and Madhya
Pradesh in India and Nepal.

PRIME REASONS FOR CHILD LABOUR
1. Unemployment
2. Poverty
3. Illiteracy
4. Demographic explosion

Child Labour
Lack of Education Poverty
June 12th is designated as World Day Against Child Labour
Relationship between Child
labour, Illiteracy and Poverty

POINT TO PONDER
Some believe that mere retrieval of children employed as
labour and imparting them education may not be able to
prevent them from being drawn as child labour again, unless
they are empowered in gain full skills.

REASONS WHY CHILD LABOUR
CONTINUES
1. Lack of concern towards poor and neglected children
2. Lack of political will
3. Poor enforcement of rural development and poverty alleviation
schemes
4. No assurance of minimum wages for adults workers
5. No fair price to farmers
6. Absence of free and quality education

WHY EMPLOYERS PREFER CHILDREN OVER
ADULTS
 Children are docile.
 Cheaper option for the employer.
A child my not be paid even one fourth of the wages paid to an adult.

LINK BETWEEN CHILD LABOUR AND
SOCIAL JUSTICE
1. Child labour is concerned not only with development and
welfare, it is a violation of human rights.
2. Economic exploitation of children cannot be justified on
grounds of poverty alleviation of the family.
3. Child labour deprives children of their due involvement in
economic, social and political activities.
4. It takes any their basic rights to education, freedom and
equality.
5. Child labour is universally a crime.

SOCIAL JUSTICE
• Fair and just relation between the individual and
society. It is the process of ensuring that individuals
fulfil their societal roles and receive what was their
due from the society.
• The fair and proper administration of laws conforming
to the natural law that all persons, irrespective of
ethnic origin, gender, possessions, race, religion etc
are to be treated equally and without prejudice.

RISK AND CONSEQUENCES
1. Children are more prone to injuries and occupational
hazards.
2. Made to work under unregulated conditions for almost 12
– 14 hours in a day.
3. Emerge as docile and cheapest source of labour.
4. Child labour results in adult unemployment.
5. Children always remain poor, illiterate and deprived of
development and growth opportunities.

CONSEQUENCE
Demographic analysis shows that population growth
is much higher in child labour prone areas and
potential source areas of child trafficking

In India, 55 million child labourers earn about Rs
150 million a day. It translates to less than Rs 3
per child.

CHILD LABOUR (PROHIBITION AND
REGULATION) ACT, 1986
An Act to prohibit the engagement of children in
certain employments and to regulate the conditions
of work of children in certain other employment.

PROHIBITION
It means a law or an order that forbids a certain action.

REGULATION
It means the act or process of controlling by
either rule or restriction.

PROHIBITION OF EMPLOYMENT OF
CHILDREN IN CERTAIN OCCUPATIONS AND
PROCESSES
Section 3-
No child shall be employed or permitted to work in any of the
occupations set forth in Part A of the schedule or in any
workshop wherein any of the processes set forth in Part B of
the schedule is carried on:
Provided that nothing in this section shall apply to any
workshop wherein any process is carried on by the occupier
with the aid of his family or to any school established by or
receiving assistance or recognition from Government.

OCCUPATION
It means an activity or pursuit in which a person is
engaged, especially a person’s usual or principal work
or business.

CHILD
Section 2 (ii)
means a person who has not completed his
fourteenth year of age.

ESTABLISHMENT
Section 2 (iv)
includes a shop, commercial establishment, workshop, farm,
residential hotel, restaurant, eating house, theatre or other place of
public amusement or entertainment.

FAMILY
Section 2 (v)
In relation to an occupier means the individual, the wife or
husband ,as the case may be ,of such individual and their
children, brother or sister of such individual.

OCCUPIER
Section 2 (vi)
In relation to an establishment or workshop means the
person who has the ultimate control over the affairs of the
establishment or workshop.

WORKSHOP
Section 2(x)
means any premises (including the precincts
thereof) wherein any industrial process in
carried on.

REGULATION OF CONDITIONS
OF WORK OF CHILDREN

HOURS AND PERIOD OF WORK
Section 7
1. No child shall be required or permitted to work in excess of such number
of hours as may be prescribed for such establishment or class of
establishments.
2. The period of work on each day shall be so fixed that no period shall
exceed three hours and that no child shall work for more than three
hours before he has had an interval for rest for at least one hour.
3. The period of work of a child shall be so arranged that inclusive of his
interval for rest under sub section (2), it shall not be spread over more
than six hours including the time spent in waiting for work on any day.

4. No child shall be permitted or required to work between 7 PM and
8 AM.
5. No child shall be required or permitted to work overtime.
6. No child shall be required or permitted to work in any
establishment on any day on which he has already been working in
another establishment.
Section 8
Weekly Holidays:- Every child employed in an establishment shall be
allowed in each week, a holiday of one whole day, which day shall be
specified by the occupier in a notice permanently exhibited in a
conspicuous place in the establishment and the day so specified shall
not be altered by the occupier more than once in three months.

Under the CL PRA, only 13 industries were
placed in the prohibited category. There was
no child labour prohibition for agriculture,
construction, domestic work and restaurants.

DISPUTES AS TO AGE
Section 10
If any question arises between an Inspector and an occupier as to the age of
any child who is employed or is permitted to work by him in an
establishment, the question shall ,in the absence of a certificate as to the
age of such child granted by the prescribed medical authority, be referred
by the Inspector for decision to the prescribed medical authority.

MAINTENANCE OF REGISTER
Section 11
There shall be maintained by every occupier in respect of children employed
or permitted to work in an establishment, a register to be available for
inspection by an Inspector at all times during working hours or when work is
being carried on in any such establishment, showing
a. The name and date of birth of every child so employed or permitted to
work;
b. Hours and periods of work of any such child and the intervals of rest to
which he is entitled;
c. The nature of work of any such child, and
d. Such other particulars as may be prescribed.

PENALTIES
Section 14
Whoever employs any child or permits any child to work in contravention
of the provisions of Section 3 shall be punishable with imprisonment for a
term which shall not be less than three months but which may extend to
one year or with fine which shall not be less than 10,000/- Rs but which
may extend to Rupees 20,000/- or with both.

PROCEDURE RELATING TO OFFENCES
Section 16
1. Any person, police officer or inspector may file a complaint of the commission
of an offence under this Act in any court of competent jurisdiction.
2. Every certificate as to the age of a child which has been granted by a prescribed
medical authority shall, for the purposes of this Act , be conclusive evidence as
to the age of the child to whom it relates.
3. No Court inferior to that of a Metropolitan Magistrate or a Magistrate of the
first class shall try any offence under this Act.

CLASSES OF CRIMINAL COURTS
• Section 6 Cr.PC
1. Court of Session
2. Judicial Magistrate of first class/ Metropolitan Magistrate
3. Judicial Magistrate of the second class
4. Executive Magistrate

JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2015
Section 79
Whoever ostensibly procures a juvenile or child (an individual less than 18
years) for the purpose of any hazardous employment, keeps him in bondage,
withholds his earnings or uses such earnings for his own purposes shall be
punishable with up to three years imprisonment and shall be liable to fine.

People’s Union for Democratic Rights v. UOI
1982 AIR 1473,1982 SCC (3) 235
Decided on: 18 Sep 1982
Bench: Justices PN Bhagwati and Baharul Islam

FACTS OF THE CASE
PUDR, an organization for protecting democratic rights, commissioned three
social scientists for investigating and inquiring working conditions of the
workman engaged in various projects of Asiad. Children below the age of
14 years were found to be employed by the contractors in the construction
work. Based on their report, complaints about violation of various labour
laws was made to the Supreme Court of India by way of a letter to one
judge. The Supreme Court treated the letter as a writ petition.

Held ,
Public interest litigation is a strategic arm of the legal aid
movement and is intended to bring justice within the reach of
the poor masses. It is intended to promote and vindicate public
interest which demands that violations of constitutional or legal
rights of large number of people who are poor, ignorant or in a
socially or economically disadvantaged position should not go
unnoticed and undressed . The poor too have civil and political
rights and the Rule of Law is meant for them also.

• Legal aid is the provision of assistance to people
otherwise unable to afford legal representation and
access to the court system. Legal aid is regarded as
central in providing access to justice by ensuring
equality before the law, the right to counsel and the
right to a fair trial.

2) Public interest litigation is essentially a co-operative or
collaborative effort on the part of the petitioner, the
state or public authority and the court has to secure
observance of the constitutional or legal rights, benefits
and privileges conferred upon the vulnerable sections of
the community and to reach the social justice to them.

3) The time has now come when the courts must
become the courts for the poor and struggling mases
of the country. Social justice is the signature tune of
our Constitution.

4) Construction work is clearly a hazardous occupation
and it is absolutely essential that the employment of
children under the age of 14 years must be prohibited
on every type of construction work.

5) The complaint of violation of Article 24 based on the
averment that children below the age of 14 years are
employed in the construction work of the Asiad
Projects is clearly a complaint of violation of
fundamental rights.

6) There are certain fundamental rights conferred by the
constitution which are enforceable against the whole
world and they are to be found inter alia in Articles 17,
23 and 24.
Art. 17- Abolition of untouchability
Art. 23- Prohibition of traffic in human
beings and forced labour.
Art. 24- Prohibition of employment of
children in factories, etc.

RAID & RESCUE
Provisions for best interest of child
Based on information received, NGOs in concert with a SDM,
officers of police, labour dept. carry out a surprise operation for
the rescue of child labour who are thus released from bondage.
The premises are sealed. The statement of victims are recorded
and they are issued a release certificate before repatriation to their
home.

RAID
It means a sudden attack or invasion by law enforcement officers,
usually to make an arrest or to search for an evidence of the crime.

RESCUE
It means the act or an instance of saving or freeing someone
from danger or captivity.

BEST INTEREST OF THE CHILD DOCTRINE
A standard by which an authority determines what arrangements
would be to a child’s greatest benefit. The decision is taken on
whatever best advances the child’s welfare.

NORMS TO BE OBSERVED
AT A TRIAL OF OFFENDERS UNDER
CLPRA, 1986

TRIAL COURT
1. The court to create a child friendly atmosphere .
2. The trial to be conducted in camera.
3. The child victim should not be confronted with the accused.
4. The court may resort to recording of statement through video conferencing.
5. The court may direct that the questions to be put by the accused to the child
victim be given in writing to the Presiding officer who may in turn put the same
to the victim in a language neither embarrassing nor confusing.

RIGHTS OF A VICTIM / RESCUED PERSON
1. Will be interviewed by the police officer or a member of
recognized welfare institution or NGO or Social worker. It will not
be in the presence of employer or any of his agent.
2. To be always kept segregated from the offender.
3. Provide police protection if threatened by the employer.
4. To be kept informed about the progress of the case.
5. To be treated gently and correctly.

6. Help of interpreter during interview, if needed.
7. To be informed of eventual repatriation / rehabilitation.
8. Safety of self and family ensured.
9. Statement under Section 161 CrPc to be recorded only when
the victim is comfortable , willing and fit to do so.
10.Identity will not be revealed and anonymity will be maintained.
11.To be informed and assured of all actions in their best interest.
12.Their belongings will be kept safe.

13.Their siblings /relations if any , will also be rescued .
14. To point out physical injuries , trauma if any, at the time of
recording of statement . Record also any harm suffered, whether
emotional or psychological.
15. Victim can select the place of interview . eg., at shelter,
children’s home , any other place of safety where he is
comfortable.
16. In case of sexual exploitation , the statement to be recorded
in camera.
17. To receive appropriate medical attention.

POSITION IN OTHER REGIMES
UNITED STATES
The main law regulating child labour in the United States is the Fair Labour
Standards Act, 1938. For non-agricultural jobs, children under 14 may not be
employed. Children between 14 and 16 may be employed in allowed
occupations during limited hours, and those between 16 and 18 may be
employed for unlimited hours in non hazardous occupations. A number of
exceptions to these rules exist , such as for employment by parents, news
paper delivery and child actors.
The Act also contains broad exemptions permitting farm work by children ,
including children under 12.

• The secretary of labour has designated a number of
occupations as ‘particularly hazardous’. The designations
includes manufacturing explosives, working in coal and other
mines, power driven machinery, slaughtering and meat
packaging establishments and rendering plants, roofing and
excavation.

Young entrepreneurs who use the family
lawnmower to cut their neighbors grass or
perform babysitting on a casual basis are
not covered under the FLSA.

The Federal Child Labour
Provisions do not-
 Require minors to obtain working
papers or work permits, though many
states do
 Limit the numbers of hours or times of
day that workers 16 years of age and
older may legally work though many
states do

CRITICISM
• Federal child labour enforcement like state prosecutions
have been generally inadequate.
• FSLA has not provided any express private rights of action for
violation of child labour provisions.

CASE LAW
• The child labour case (Hammer V. Dagenhart; 247 US 251, 1918)
relied on the tenth amendment to declare a federal law as
unconstitutional. The law was meant to prohibit in inter state
commerce of goods produced in factories that employed children
under the age 14 or employed children between the age of 14 and 16
for more than 8 hours a day or six days a week.
• The court said that regulating the hours of labour of children was
entrusted (entirely) to the state authority.

EUROPEAN UNION
Many of the children working across Europe have extremely
hazardous occupations in agriculture, construction, small factories or
on the street. This has been reported for example in Albania,
Bulgaria, Georgia, Moldova, Montenegro, Romania, Serbia, Turkey
and Ukraine.

Experts have remarked that child labour
interferes with children’s schooling; their results
are soon affected and they may eventually drop
out of school. This only perpetuates the cycle
of poverty. Choosing education over work for
children is the only way for a country to
develop.

ACCORDING TO ILO
Worst forms of child labour are witnessed in slavery, debt bondage,
prostitution, pornography, forced recruitment of children for use in
armed conflict, use of children in drug trafficking and other illicit
activities and all other work likely to be harmful or hazardous to the
health, safety or morals of girls and boys under 18 year of age.

GOOD PROGRESS TOWARDS CHILD
LABOUR FREE SOCIETY
• Turkey
• Brazil
• China
• South Africa
• Sri Lanka

“In my opinion, apathy and lack of respect
towards childhood are the biggest drivers of child
labour. This attitude is reflected through many
manifestations including low level of social
responsiveness which emanates from lack of
concern towards poor and neglected children.”
-Kailash Satyarthi.
QUOTE

Child labour

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