laws and legislation passed for child labor since independence
Ø About Child Labor
The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem.
According to the Census 2001 figures there are 1.26 crore working children in the age group of 5-14 as compared to the total child population of 25.2 crore. There are approximately 12 lakhs children working in the hazardous occupations/ processes which are covered under the Child
Labour (Prohibition & Regulation) Act i.e. 18 occupations and 65 processes. However, as per survey conducted by National Sample Survey Organization (NSSO) in 2004-05, the number of working children is estimated at 90.75 lakh. It shows that the efforts of the Government have borne the desired fruits.
Way back in 1979, Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far- reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children.
Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified hazardous occupations and processes and regulates the working conditions in others. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act.
In consonance with the above approach, a National Policy on Child Labour was formulated in 1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations & processes in the first instance.
The Action Plan outlined in the Policy for tackling this problem is as follows: Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non- hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children.
Focusing of General Developmental Programmes for Benefiting Child Labour – As poverty is the root cause of child labour, the action plan emphasizes the need to cover these children and their families also under various poverty alleviation and employment generation schemes of the Government.
Project Based Plan of Action envisages starting of projects in areas of high concentration of child labour. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages running of special schools for child labour withdrawn from work. In the special schools, these children are provided formal/ non-formal education along with vocational training, a stipend of Rs.150 per month, supplementary nutrition and regular health check ups so as to prepare them to join regular mainstream schools. Under the Scheme, funds are given to the District Collectors for running special schools for child labour. Most of these schools are run by the NGOs in the district. Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it,
Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families.
laws and legislation passed for child labor since independence
After its independence from colonial rule, India has passed a number of constitutional protections and laws on child labour. The Constitution of India in the Fundamental Rights and the Directive of State Policy prohibits child labour below the age of 14 years in any factory or mine or castle or engaged in any other hazardous employment (Article 24). The constitution also envisioned that India shall, by 1960, provide infrastructure and resources for free and compulsory education to all children of the age six to 14 years. (Article 21-A and Article 45). India has a federal form of government, and child labour is a matter on which both the central government and country governments can legislate, and have. The major national legislative developments include the following:
The Factories Act of 1948:
The Act prohibits the employment of children below the age of 14 years in any factory. The law also placed rules on who, when and how long can pre- adults aged 15–18 years be employed in any factory.
The Mines Act of 1952:
The Act prohibits the employment of children below 18 years of age in a mine.
The Child Labour (Prohibition and Regulation) Act of 1986:
The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law. The list was expanded in 2006, and again in 2008.
The Juvenile Justice (Care and Protection) of Children Act of 2000:
This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment or in bondage.
The Right of Children to Free and Compulsory Education Act of 2009
: The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children. India formulated a National Policy on Child Labour in 1987. This Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations. It envisioned strict enforcement of Indian laws on child labour combined with development programs to address the root causes of child labour such as poverty. In 1988, this led to the National Child Labour Project (NCLP) initiative. This legal and development initiative continues, with a current central government funding of 6 billion, targeted solely to eliminate child labour in India. Despite these efforts, child labour remains a major challenge for India.
1. Article 21 A Right to Education
The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.
2. Article 24 Prohibition of employment of children in factories, etc.
No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.
3. Article 39 The State shall, in particular, direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Ø Child Labour Policies
The Policy of the Government on the issue of Child Labour The National Policy on Child Labour declared in August, 1987, contains the action plan for tackling the problem of Child
Labour. It envisages:
A legislative action plan: The Government has enacted the Child Labour (Prohibition and Regulation) Act, 1986 to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments. Focusing and convergence of general development programmes for benefiting children wherever possible, A Core Group on convergence of various welfare schemes of the Government has been constituted in the Ministry of Labour & Employment to ensure that, the families of the Child Labour are given priority for their upliftment. Project-based action plan of action for launching of projects for the welfare of working children in areas of high concentration of Child Labour.
Conclusion
At the end it can be concluded that, Child Labour is the practice of having children engage in economic activity, on part or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development. Poverty, lack of good schools and growth of informal economy are considered as the important causes of child labour in India.
The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem.
laws and legislation passed for child labor since independence