CHILD LABOUR

According to International Labor Organization (ILO) term “child labour” is work that deprives children of their childhood, their potential, and their dignity and that is harmful to physical and mental development. Therefore, child labour can be referred to as the employment of children in the age group (5-14) years in any work that deprives children of their childhood, their potential, and their dignity and is harmful to their physical and mental development. This practice is considered exploitative by many internationals. Legislations across the world prohibit child labour. It was found that in many parts of India, large numbers of children work in commercial agriculture, fishing, manufacturing, mining, and domestic service. Some children work in illicit activities like the drug trade and prostitution or other traumatic activities such as serving as soldiers.

The International Labour Organization (ILO) launched the World Day Against Child Labour in 2002 to focus attention on the global extent of child labour and the action and efforts needed to eliminate it. Each year on 12 June, World Day brings together governments, employers and workers organizations, civil society, as well as millions of people from around the world to highlight the plight of child labourers and what can be done to help them.

Child labour basically refers to work that:

  1. is mentally, physically, socially, or morally dangerous and harmful to children; and/or

  2. Interferes with a child’s ability to attend and participate in school fully by obliging them to leave school prematurely or requiring them to attempt to combine school attendance with excessively long and heavy work.

Today in India, as per the 2011 census, there are more than 10.13 million “economically active” children in the age group of 5-14 years, and 5.6 million boys and 4.5 million girls, 8 million children were working in rural areas, and 2 million in urban areas. However, in rural settings, the number of child workers reduced from 11 million to 8 million between the 2001 and 2011 censuses, over the same period, the number of children working in urban settings rose from 1.3 million to 2 million.

Therefore, a child should not be subjected to work at the expense of their education and dreams. Child labour robs minors of the opportunity to enjoy their childhood, go to school, and have a decent shot at success. It condemns them to a life of limited options. It is, therefore, necessary to ensure that every child is protected and not exploited for cheap labour. It is not just the responsibility of the parents to eliminate child labour but also that of the government and society.

Definition of Child Labour:

The term ‘child labourer’ is considered equivalent to the term “working child” or “employed child.”

  1. According to Article 24 of the Constitution of India, a child labourer may be defined as a person who is below the age of 14 years and is working for an earning. According to Article 24, “no child below 14 years of age shall be employed to work in any factory or any hazardous employment.”

  2. According to The Concerned for Working Children (CWC) of Bangalore, a child labourer is “a person who has not completed his/her fifteenth year of age and is working with or without wages/income on a part-time or a full-time basis.”

  3. According to Home Folk, “Child labour is any work by children that interferes with their full physical development, their opportunities for a desireable minimum of education or their physical and mental health.”

  4. The International Labour Organization (ILO) defines child labourers as “children permanently leading an ardent life, working long hours under conditions bad for their physical and mental health.”

  5. The Child Labour (Prohibition and Regulation) Act 1986 states, “Child means a person who has not completed 14 yyears of age.” Persons below that age are not supposed to work for monetary or non-monetary rewards, for it is prohibited as per the provisions of this Act.

Child labour basically refers to work that:

  1. is mentally, physically, socially, or morally dangerous and harmful to children; and/or

  2. Interferes with a child’s ability to attend and participate in school fully by obliging them to leave school prematurely or requiring them to attempt to combine school attendance with excessively long and heavy work.

The magnitude of Child Labour in India

As per Census 2011, the total child population in India in the age group (5-14) years is 259.6 million. Of these, 10.1 million (3.9% of the total child population) are working either as ‘main worker’ or as ‘marginal worker.’ In addition, more than 42.7 million children in India are out of school. However, the good news is that the incidence of child labour has decreased in India by 2.6 million between 2001 and 2011. However, the decline was more visible in rural areas, while the number of child workers has increased in urban areas, indicating the growing demand for child workers in menial jobs. Child labour has different ramifications in both rural and urban India.

Note: ‘Other workers’: Workers other than cultivators, agricultural labourers, or workers in household industries.

Source: Census 2001 and 2011

States with High Incidences of Child labour

Together, Uttar Pradesh, Bihar, Rajasthan, Maharashtra, and Madhya Pradesh constitute nearly 55% of total working children in India.

State-wise details of working children in the age group of 5-14 years as per Census 2001 and Census 2011 are as under:

National legislations and International Labor Organization (ILO) Conventions

The enactment of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and The Right to Education Act, 2009 have paved the way for ratification of ILO’s two core conventions:

  1. Convention No. 138 stipulates that the minimum age at which children can start work should not be below the age of compulsory schooling and, in any case, not less than 15 years, with a possible exception for developing countries.

  2. Convention No. 182 prohibits hazardous work which is likely to jeopardize children’s physical, mental or moral health. It aims at immediate elimination of the worst forms of child labour for children below 18 years.

Causes of child labour in India

Several factors cause child labour. Some of them include:

  1. Poverty: 

Children who come from low-income families may be forced to work to support their siblings and parents or supplement the household income when expenses are more than the parents’ earnings. It is a huge problem, especially in developing countries where parents are unable to generate income due to the lack of employment opportunities or education. Children can be found employed in mines or hawking in the streets to earn money that is used to provide necessities such as food and clothing for the family. Children may also be employed in factories to generate income for the family instead of attending school. Such a practice is a common phenomenon in poverty-stricken regions with large factories set up by international companies.

  1. Low Aspiration: 

Parents and children need to understand that they can work hard and make something great of themselves. Low aspirations by parents and children are a major cause of child labour because in such a situation, being employed in a local factory or selling groceries in the streets is the normal way of life. To these types of children and parents, success only belongs to a certain region or group of people. They do not aspire to become professionals in society or great entrepreneurs. It is a mindset that forms the very foundation of child labour.

  1. Huge demand for unskilled labourers: 

The demand for unskilled labourers is another cause of child labour. Children are mostly unskilled and provide a cheap source of labour, making them an attractive option for many greedy employers. Child labour, by virtue of being cheap, increases the margin of profits for such entrepreneurs whose only objective is profit maximization, even if it comes at the expense of ethics and good business practices. These types of employers can also force children to work under unfavorable conditions through manipulation or blatant threats.

  1. Illiteracy: 

A society with many educated people understands the importance of going to school and pursuing dreams. Children have the ability and time to become whatever they aspire to be. Illiteracy, on the other hand, makes it difficult for many people to understand the importance of education. Illiterate people view education as a preserve of the privileged in society. They will therefore not provide support to children so that they can go to school and build solid foundations for future success. The same view of life is seen among illiterate parents who prioritize children contributing to the upkeep of the family over going to school.

  1. Early Marriages: 

Marrying at an early age is a major contributing factor to overpopulation. Young parents can sire a lot of children because they remain fertile for a long time. Having many children with little or no resources to support them leads to child labour. Older children are forced to work in order to help their parents support the family.

  1. High cost of education: 

Quality education is expensive. To many parents who live in abject poverty, priority is given to providing food for the family because education is too expensive to afford, especially when there are many children to pay school fees for. Instead of letting children stay at home because there is a lack of money to send them to school, parents opt to have them work as unskilled labourers to help support the family. Some parents can also only afford basic education, which means that children will be forced to look for work since they cannot pursue their education further.

Consequences or Effects of Child Labour in India

Child labour has several negative impacts. Some of them include:

  1. Loss of Quality childhood: 

Human beings need to enjoy every stage of their development. A child should play with friends and make memories for a lifetime. Youths should explore life and form strong foundations that would define their adult lives. Child labour, therefore, leads to the loss of quality childhood as children will be deprived of the opportunity to enjoy the amazing experiences that come with being young. Children are often encouraged to play because it helps in their growth and development. A child forced to work will miss many of the good things associated with childhood.

  1. Health issues: 

Child labour can also lead to health complications due to undernourishment and poor working conditions. It is highly unlikely that people who employ children also have the moral capacity to ensure that they have good working conditions. Working in places such as mines and badly conditioned factories may result in lifetime health issues for children employed to work in these places. A child assigned physically demanding duties may suffer physical trauma that may scare them for life.

  1. Mental trauma: 

It is not a pleasant experience to be kept working as a child while your age-mates are out playing and going to school. Children cannot also shield themselves from most of the challenges that occur in the workplace. Issues such as bullying, sexual exploitation, and unfavorable working hours may result in mental trauma in these children. They will find it hard to forget the past and may become societal misfits because of bad childhood experiences. Child labour may also result in a lack of emotional growth and thus insensitivity.

  1. Illiteracy: 

Children that are employed do not have the time to go to school. They spend a lot of time in their workstations as the days and years go by. The lack of education and illiteracy makes them individuals with limited opportunities as far as employment is concerned. Education also prepares a person for several challenges in society, and without it, one may turn out to lack the basic skills required to overcome many of life’s problems. An individual who has gone to school may be aware of how to approach certain situations in life without resorting to brute force. An illiterate person, on the other hand, considers force to be the only answer to nearly all of the challenges experienced.

  1. Indulgence in Crime Field: 

Uneducated or unguided children who work in society sometimes get influenced by criminal activities and commit crimes at low age. Some cases of juvenile criminals have been reported in India, and their increase is also observed in India.

Combating Child Labour in India

Every child born has the right to have dreams and pursue those dreams. Even though several challenges may limit the realization of some of these aspirations, it is still possible to overcome them and achieve the highest levels of success.

There is a need to involve various stakeholders to realize this objective. These are some of how the problem of child labour can be addressed:

  1. Free education: 

The Protection of Children to Free and Compulsory Education Act, 2009 holds the key to eliminating child labour. Parents that do not have money for school fees can use this as an opportunity to provide their children with an education. It has already proved to be a success in many places around the globe, and with more effort, the cases of child labour will be greatly reduced. Mid-day meal schemes can also be used as a motivating factor for children whose parents can barely afford a meal to learn. Even if they are attending school because of the free meals, they will still be able to learn and create an excellent educational foundation for themselves.

  1. Moral Polishing: 

Child labour should not be entertained at all. It is legally and morally wrong. Children should not be allowed to provide labour at the expense of getting an education and enjoying their childhood. Factory owners, shopkeepers, and industries, among others, should not employ children. Society should be educated on the negative impacts of child labour so that it becomes an issue that is frowned upon whenever it occurs. This type of moral polishing would act as a deterrent to people who intend to employ children and use them as a source of cheap labour. Many of the ills that go on in society do so because people turn a blind eye or fail to consider their moral impacts. With this kind of approach, cases of child labour will greatly fall in our communities.

  1. Create demand for skilled and trained workers: 

By creating the demand for skilled and trained workers, child labour cases will reduce since almost all child labourers fall under the unskilled worker category. It will lead to adult employment as the demand for skilled labour rises. Establishing skill-based learning centers, vocational training centers, and technical training institutions improves literacy and contributes to the availability of skilled and trained workers in the job market. The creation of job opportunities by the government is also another way that cases of unemployment can be reduced and household income for the population can be increased. Such government policies improve living standards and eliminate the need for children to seek work to support their families.

  1. Awareness: 

Creating awareness about the illegality of child labour can also help in stemming the practice. Parents should be made aware that sending their children to work has legal ramifications, and the law would take its course if they are found to be aiding and abetting this vice. It is the ignorance among many parents and members of society that makes them participate in child labour practices. Conducting a campaign to create awareness about its harmful effects would eliminate the practice. The government, together with non-governmental organizations and civil society, can create a strategy to make such an initiative a success.

  1. Empowerment of poor people: 

Poor people are the most affected by child labour. The poor living standards and financial constraints sometimes make them unwilling participants in this vice. Empowering poor people through knowledge and income-generating projects would go a long way in reducing cases of child labour. Parental literacy also plays an important role in ensuring that the rights of children are upheld and minors are not used as a source of labour. Empowering parents with this kind of knowledge can create a positive change in society and encourage the shunning of child labour practices in communities.

Child labour in India, somehow, has become a social norm that we accept and tolerate in our society. This exploitative and abusive practice will continue unless society adopts a zero-tolerance attitude towards it. Children continue to be exploited and abused because the State and people do not address children’s issues comprehensively.

Child labour is not just an affront to the rights of a child but also a symbol of a society that has lost its way. We should; therefore, all strive to ensure that the fundamental rights of children are protected and that they are accorded the opportunity to go after their dreams and aspirations. Since poverty is the root cause of this problem, enforcement alone cannot help solve it. The government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families. The innocence of a child should never be taken away to make the lives of adults easier. It is both unfair and morally unacceptable. The main thrust should be on the education of the children and providing sufficient funds for its removal from the gross domestic product of India. Therefore, the future is much brighter when the younger generation has a good foundation for success.

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