CHILDREN’S RIGHTS
Children everywhere in the world visit their parents’ workplace, from “mom and pop” stores in the developed world to children working in farms in developing countries. Even Prime Minister Narendra Modi assisted his father as a teenager at the family tea stall. Moreover, such experiences can also be educative and enable children to learn the basics of an occupation while helping their parents. In fact, earning pocket money is also encouraged in many societies. Nobel Laureate Kailash Satyarthi has said that the demand for a ban on any kind of labour for children under 14 does not mean that children cannot help their families in their free time.
Furthermore, Article 5 (3) of the ILO Convention 138 also provides that the provisions of the convention shall exclude family and small-scale holdings producing for local consumption and not regularly employing hired workers.
Therefore, to strike a balance between the need for education for a child and the reality of the socio-economic condition and social fabric in the country, the
“John F. Kennedy said that ‘Children are the world’s most valuable resource and its best hope for the future.’ This sums up how valuable children are, but also the need to create an enabling environment for their development to ensure a sustainable and perhaps a brighter future.”
government has allowed children to help their family or family enterprise, provided the work is not hazardous, after school hours or during vacations. Another major concern highlighted is the possible exploitation of children due to the exceptions proposed in the law. There have been concerns that the amendments will allow traditional employers of child labour to engage children in work and escape from the clutches of law. Fears were also expressed that practices may lead to child trafficking.
The Minister of Labour and Employment, Bandaru Dattatreya has emphasized the need for collective and coordinated action by the district magistrates, labour inspectors and state officials to address this issue. He stated that more powers will be given to district magistrates as per the law. He suggested that the district magistrates and labour inspectors need to take stringent action and ensure strict implementation of the law, particularly in sectors where most of child labour is involved (textiles, carpets, handicrafts). The government also proposes to formulate rules and regulations governing the employment of children in the audio-visual entertainment industry to curb the threat of exploitation.
In addition to impacting on the development of a child, child labour also perpetuates the generation of money for the parallel economy. As Kailash Satyarthi states, no employer shows that they are employing children. Addressing this threat is important for the overall development of the nation.
The Way Forward
John F. Kennedy said that “Children are the world’s most valuable resource and its best hope for the future.” This sums up how valuable children are, but also the need to create
an enabling environment for their development to ensure a sustainable and perhaps a brighter future.
The problem of child labour is a key challenge before India. Parliamentarians and Government are aware of this. Various proactive steps initiated by the Government have resulted in reduction in the number of child-workers from 12.6 million as per Census 2001 to 4.3 million as per Census 20115
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While the amendment is definitely a step in the right direction, much more remains to be done. We need to create robust structures to ensure that the national policies on child labour and education are consistent. Such policies must be based on the child rights framework and incorporate their voices. Policies which address both child labour and poverty are being formulated. These must have measurable goals to assess the progress achieved. We must also consider incorporating a sunset clause on the provision allowing children to work in non- hazardous family enterprises. A time bound exercise will possibly be the key.
There is a need to ensure that children who are working in family enterprises are given sufficient time and space to attend to their school activities. Support, in the form of conditional cash transfers, must be provided to incentivize parents to send their child to school. Non Governmental Organizations and civil society groups have an important role to play in creating awareness about the importance of education for children whilst keeping them away from working during these tender years. Simply getting children into school has a positive impact on economic growth, as each extra year of schooling provided to the whole population can increase average annual GDP growth by 0.37%6 We have re-imagined our
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education policies to ensure that they address the learning and developmental needs of our children. We are investing in imparting skill-based education to our youth. Even as we allow adolescents to engage in non-hazardous work, we are creating policies and programs that ensure it will lead to the augmentation of skills. Out of the box solutions, such as providing onsite training and integrating it with educational structures such as evening colleges, are now being attempted.
A final thought is that we all know that Legislation by itself will not fix this problem but empowered societies will. Involvement of every member of our society to do their part is the best antidote for this scourge. Many of the North Eastern States of India have shown the way. These States of India have conquered this problem. That is the way to go. Empowerment of society through education is the key, with Child Labour Prohibition Legislation being an instrument of guidance and providing some regulation, but mainly defining the path on which we must quickly tread.
References: 1
As per Census 2011, Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh (including Telangana), Madhya Pradesh, Rajasthan, Gujarat, Karnataka, and West Bengal constitute 80% of the working population between the age group of
2 3
5-14 years. 4
As per Census 2011, working children between the age group of 15-19 years represent 80% of the total working children between the
age group of 5-19 years 5
Child labour, as per Census, is currently defined as an instance of child under 14 primarily working and
not in school 6
Global Campaign for Education 2010. The Parliamentarian | 2015: Issue Two | 111
As per Census 2011 As per Census 2011
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