Acknowledgment – Indian Law Journal
All the world waits for my coming. All the earth watches with interest to see what I shall become. Civilization hangs in the balance, For what I am, the world of tomorrow will be. I am a child. You hold in your hand my destiny. You determine, largely, whether I shall succeed or fail. Give me, I pray to you, these things that make for happiness. Train me, I beg you, that I may be a blessing to the world”. Mamie Gene Come
Children are often exploited by employers either because they are from poor families or are homeless, the children are not hired officially so employers are profiting in multiple ways. The children employed illegally are hidden and employed in unsafe hazardous conditions. They receive low remuneration, are exposed to violence and abuse and most of all it hinders their growth and learning towards becoming educated successful citizens. the International Labour Organization is working to protect the children and Constitution of India has several articles in place for the protection of children. The core legislation for Children exploited for labour is The Child Labour (Prohibition and Regulation) Act (1986). The child Labour (Prohibition and regulation) Amendment Act 2016 prohibits child labour and makes it a punishable offence. Any person who employs a child below 14 or a child between 14- 18 years can be punished with a jail time between 6- 24 months and /or pay fine between 20-40 thousand.
India is considered the biggest hub of Child Labour, to rescue a child in labour, we need to look into also protecting children at work, addressing the issues which are causing a child to seek jobs.
The term ‘child labor’ basically means a child who is employed or ‘working child‘ or work done by a child for gain. There is a difference between child work and child labour.
‘Child Work’ refers to occasional light work done by children, which in most societies is considered to be an integral part of the child’s socialization process. Learning skills or aassisting parents at home or farms to skill them towards future adult roles is Child work. It is not done at the cost of education and school and is legal.
‘Child Labour’ implies that young children are being exploited. They are being deprived of their rights to health, education or the home nurturing environment. It impairs their growth and health. It is done because the child needs to earn , it deprives him of education, can risk his physical, mental and social health, and is illegal
Homer Folks (Chairman of the United States National child Labour committed) defines Child Labour as ”Any work by a child that interferes with his full physical development and his opportunities for a desirable minimum of education or his needed recreation”.
According to the UNICEF, the distinction between that is helpful and that which is exploitative is important.
Children working in construction, hotels and motels, domestic employment of children at the cost of their education and social growth, Children working on streets, children forced into begging, girls forced into sexual slavery.
If the child is not able to attend school, is spending too many hours working, engaged in unduly hard physical work, working on the streets, given too much responsibility are all examples.
The constitution of India recognises the rights of the children and there ae multiple constitutional provisions dealing with welfare of children.
The explicit provisions dealing with the child welfare are:
The implicit provision dealing with the welfare of children under constitution are as follows:
Part 3 of The Constitution :- contains a long list of fundamental rights. It is known as Magna Carta Of India. The children have rights to enjoy all the fundamental rights, which are guaranteed to the citizens of India under Article 15, 16, 19 and 29 of the constitution, because the children in India are also citizens of India. The fundamental rights, which are available only to the citizens, are:
There are some fundamental rights expressly provided for children and some other fundamental rights which are also applicable for children such as:
What are the main reasons that children get forced into Child Labour?
Supreme Court was of the view that the “Extreme poverty, lack of opportunity for gainful employment and intermittancy of income and low standards of living are the main reasons for the wide prevalence of child labour. Though it is possible to identify child labour in the organized sector, which form a minuscule of the total child labour, the problem relates mainly to the unorganized sector where utmost attention needs to be paid. The problem is universal but in our case, it is more crucial.” Supreme Court also pointed out the findings of Indian Child Labour by Dr. J.C. Kulshreshtha which revealed the main causes of child labour in India.
What can citizens do if they see a child in forced labour?
If it is possible without risking the safety of the child record the events which are making you feel that you are witnessing child labour. Report to the nearest police station or call CHILDLINE at number 1098.
What are the responsible actions we as citizens can do to reduce child labour?