Child Labour in India Presentation HAQ: Center for Child Rights B1/2, Ground Floor, Malviya Nagar New Delhi - 110017 Tel: +91-26677412,26673599 Fax: +91-26674688 Website: www.haqcrc.org FaceBook Page: https://www.facebook.com/HaqCentreForChildRights

1. CHILD LABOUR IN INDIA

2. MADE BY ATISHYA KUMAR AND
PIYUSH KUMAR
Internship Period at HAQ-
Atishya- June 1nd, 2015 to June 28th 2015
Piyush Kumar- June 2nd 2015 to July 15th 2015

3. STATISTICS
0
2000000
4000000
6000000
8000000
10000000
12000000
14000000
2001 2011
12666377
10128663
Total Child Labour
Graph 1
Graph 1 shows that the number of children involved in child labour has
come down in 2011 from 2001.

4. 0
50
100
150
200
14.37 20.85
141.88
17.48
73.71
200.00
18.21
39.05
14.13 12.90 17.45
States/ UTs Showing Increase In Child Labour (Per Cent)
Graph 2
Despite an overall decrease in child labour in 2011, these 11
States/ UTs have actually shown an increase. Graph 2 gives
the percentage increase for these 11 States.

5. CONVICTION UNDER CHILD LABOUR LAWS
Year Inspecti
on
Violatio
n
Prosecutio
n
Convicti
on
%age of
Prosecutio
n to
Violation
%age of
Convictio
n to
Prosecuti
on
%age of
Convictio
n to total
Violation
2011 154,217 14,423 6017 984 41.72 16.35 6.82
2012 175, 196 12,052 5018 1144 41.64 22.80 9.49
2013 184,898 8,991 3563 1061 39.63 29.78 11.80
2014
(As of
01.12.
2014)
71,168 1,027 792 754 77.12 95.20 73.42
Table 1

6. CONSTITUTION OF INDIA
 Art. 24 (Part III) – prohibits children below the age of
14 years to be employed in a factory or mine or any
other hazardous employment
 Art. 39 (Part IV) – state to ensure that children are not
forced to do work unsuited to their age and are given
opportunities and facilities to develop.

7. THE CHILD LABOUR (PROHIBITION
AND REGULATION) ACT, 1986
 The Act defines “child” as “a person who has not completed his
fourteenth year of age.”
 S.3 of CLPRA – prohibits employment of children below the age of
14 years in occupations and processes mentioned in Part A and Part
B of the Schedule to the CLPRA.
 Currently - 18 occupations and 65 processes wherein child labour is
prohibited. The list has been expanding.
 10th October, 2006 – MoL&E gazette notification – employment of
children as domestic workers and in roadside eateries, dhabas,
hotels, etc. stand prohibited.
 Subsequently Caring for elephants and working in circus also
banned.

8.  S. 14 of CLPRA - Penalties.
 Imprisonment : 3 months to 1 year
or
Fine : INR 10,000/- to INR 20,000/-
or
Both.
 Imprisonment on second and subsequent conviction: 6
months to 2 years
But, employing children is not a cognizable offence!

9. OTHER LEGAL PROVISIONS
 Procurement, bondage and exploitation of children
below the age of 18 years in any hazardous
employment
- S. 26 JJA : Imprisonment up to 3 years.
 IPC Provisions:
- S.370: Law for trafficked persons and their exploitation including
minors.
- S.371: Habitual dealing in slaves
- S.374: Unlawful compulsory labour
 Children (Pledging of Labour) Act, 1933
- Any agreement by a parent or guardian to pledge the labour of a
child below 15 years of age for payment or benefit other than
reasonable wages is illegal and void.
 The Bonded Labour System (Abolition) Act, 1976
- Prohibits forcing a person into bonded labour for debt repayment –
includes parents pledging their child into bonded labour.

10.  Factories Act, 1948
- Prohibits any person below the age of 14 years from being
employed in a factory – if above 14 and below 18 – certificate of
fitness required
 Plantation Labour Act, 1951
- Prohibits those below 14 years of age from being employed in any
plantation. Allows adolescents if certificate of fitness
 The Mines Act 1952 – Amendment 1983
- Prohibits those below 18 years of age from being present in any
part of a mine or being employed in it. Trainees or apprentices in
a mine- Not below 16 years and to be under proper supervision
 The Beedi and Cigar Workers (Conditions of Employment)
Act, 1966
- Prohibits any person below the age of 14 years from being
employed in any such industrial premises – 14 to 18 years only in
the day

11. National Child Labour Project
Launched in 1988 to rehabilitate working childrenin 12
child labour endemic districts of the country.
NCLP coverage and outreach today…
 270 districts of India
 5167 training centres
 Approx. 2.35 lakh children enrolled
 10.25 lakh children mainstreamed under the formal
education system.
Source: MoL&E, Annual Report 2014-15, pp. 86-87

12. BODIES SET UP BY MINISTRY OF
LABOUR AND EMPLOYMENT
1. Child Labour Technical Advisory Committee (CLTAC):
 Composition: Chairman and nine other Members
appointed in terms of Child Labour (Prohibition &
Regulation) Rules.
 Function: Advises the government as to what occupations should
come under the hazardous list as per the CLPRA.

13. 2. Central Advisory Board (CAB) on Child Labour:
 Composition: 1 chairperson (The Labour Minister), 2
vice chairpersons and 43 members from various
ministries and voluntary organisations.
 Functions:
- To review the implementation of the existing
legislations
-Suggest measures for welfare of working children.
3. Central Monitoring Committee (CMC):
 Functions:
- Monitor, evaluate and advice on the work of the scheme
for NCLPs
- Ensure the NCLPs are functioning properly.

14. 4. National Authority for Elimination of Child
Labour (NAECL):
 Constituted in 1994.
 Composition: 12 members including the
Central Labour Minister as chairperson
 Functions:
- Lays down policies and programmes for the
elimination of child labour, especially in
hazardous industries.
- Monitor the progress of implementation of
programmes.
- Co-ordinate with other ministries to ensure
the implementation of programmes.

15. BUDGET AND EXPENDITURE
 2011-2012: INR 14, 300 lakhs was the final budget
allocated for all Child Labour Schemes of the Ministry
of Labour and Employment.
 INR 14,266 lakhs was the total expenditure.
0.26
99.74
Average Share of Child Labour Cell in BfC
(2008-09 to 2013-14) (Per Cent)
Child Labour Cell Other than Child labour programme

16. CHILD LABOUR CELL [NCLP +
INDO-US MATCHING GRANT (GIA)]
BUDGET
Year Budget
estimate (in
crores)
Revised
Estimate (in
crores)
Actual
Expenditure
(in crores)
2008-2009 156.06 146.63 158.651
2009-2010 100 100 94.235
2010-2011 135 108.5 97.4264
2011-2012 244.68 190.14 107.5101
2012-2013 100 92 NA
2013-2014 131.2 NA NA
Table 2

17. INTERNATIONAL PROGRAMMES
 The International Programme on the Elimination
of Child Labour (IPEC)
- Global programme launched by the ILO in December,
1991.
- Objective of IPEC: To contribute to the effective
abolition of child labour.
 Indo-US (INDUS) Child Labour Project
- Concluded in 2008.
- Funded jointly by the Government of India and U.S.
Department of Labor
- Covered 21 districts in 5 states
 State based projects in Andhra Pradesh and Karnataka
funded by UK and Italian government, respectively.

18. JUDICIARY’S ROLE
1. M.C. Mehta v. State of Tamil Nadu and
Ors 1991 (1) SCC 283
 Facts: PIL filed by M.C. Mehta in connection
employment of children in match factories of Sivasaki in
Kamaraj District of Tamil Nadu.
 Held:
- Children should not be employed in match factories.
- Packing was permitted but only if done in an area away
from the place of manufacture.
 Certain other directions:
- creation of a Welfare Fund by the State of Tamil Nadu
- facilities of recreation and medical attention by the
factories
- insurance scheme for all the works of the match
factories.

19. 2. M.C.Mehta v. Union of India (1996) (1996) 6 SCC 756
 Facts: Second PIL was filed by MC Mehta to revisit
the case of 1991 and check whether the directions were
complied with.
 Directions of the Court:
- The Union and the State Governments to identify all
children working in hazardous processes, to withdraw
them from there and provide them education.
- Child Labour Rehabilitation-cum- Welfare Fund to be
set up. INR 20,000 from employers contravening Child
Labour Act and INR 5000 from State.

20. 3. Bandhua Mukti Morcha v. Union of India
1997 (10) SCC 549
 Facts:
- PIL filed by the petitioners to look into the
employment of children in Carpet Industry in the
State of UP.
- A committee was formed by the SC to conduct a
survey regarding the allegations of child labour in
the industries and it was found that 42% of the
work force comprised of children below 14.
 Directions of the Court:
- Evolve such steps in accordance with the case of
MC Mehta
- compulsory education to all the children
- periodical health check ups
- nutritional food, etc.

21. QUESTIONS TO BE RAISED
 Child Labour a concern relating to Child Protection or
Labour Welfare?
 Should child labour employment be a cognizable offence?
 Can employment of a child as domestic helper be
justified on the grounds of poverty and thus, their need
to add to family income?
 Should we be allocating more funds to stop this evil?
 What other steps can be taken by the government in
this regard?

22. REFERENCES
 http://labour.gov.in/content/division
 www.scconline.com
 www.ilo.org
 www.prsindia.org