CHILD LABOUR
One day my daughter studying in seventh standard asked me that if the poor children are not allowed to work, how they are going to survive. I tried to explain her diverse ramifications from a social and legal perspective. I am not certain if she could understand all that I told her. After all, many of us have our own notions about the subject.

MAGNITUDE
Child Labour has assumed alarming proportions in our country. As per the Government of India’s 2001 Census, an estimated 13 millions children are out of the school and 12.7 millions are involved in Child Labour. UNICEF report estimates one million children all over the world are subjected to sexual abuse for commercial purposes. Thousands of children are engaged in Leather Industry in Italy. Even in Britain 43% of child below 15 years of age are illegally employed. In U.S.A. this population is about 28%. UNICEF report rather reveals that one out of every 6 children in world is engaged in Child Labour. The chilling data on child labour reveals an inhumane face of our mankind.

WHO IS A CHILD?
The first issue which needs to be addressed is: what is the legal definition of a child? According to Article 1 of the United Nation Convention on the Rights of the Child 1989, ‘a ‘Child’ means a human being below the age of 18 yrs unless under the Law applicable to the child, majority is attained earlier. The Indian Majority Act, 1875, defines a minor as a person who is below 18 yrs of age and in case where a minor is under superintendence of the Courts of Wards, the age of majority is 21 yrs. Under the Hindu, Mohammedan, Christian & Parses Laws, a person attains majority at 18 yrs of age.

It would be relevant to know that as per Section 82, no Criminal responsibility can be fixed on a person below 7 years of age. For purposes of activities like kidnapping, abduction, related offences, age fixed for a child is:16 yrs for boys & 18 yrs of girls. Under the Juvenile Justice (Care & Protection of children) Act 2000, the age is 18 for both boys & girls.

For the purpose of our discussion today, as per the Child Labour (Prohibition & Regulation) Act, 1986, a ‘child’ means a person who has not completed his 14 yrs of age.

EFFECTS OF CHILD LABOUR
As per recent NDTV survey, the details of which are on its web site, presently an estimated 16.5 million laborers, engaged in economic activities apart from domestic & non-remunerative work, are facing physical, psychological, emotional hardship & educational deprivation. Even 46 million Out-Of-School children are not in the work place either. They are in a state of enforced “idleness”, performing some ‘marginal, irregular Activities’. It is needless to state that when we have more than 250 million people living below the poverty line, due to extreme illiteracy and social backwardness, poor families are falling prey to an exploitative economic system.

There is ample evidence that in many parts of the world children are engaged in terrorist activities not only exposing them to the sinister world of hatred in the name of perverse, violent religious and political ideologies but also leaving them wounded, crippled and abandoned. The Children who are being deprived nutritional, health, educational benefits are joining an ignorant & unemployable classes.

Eradication Benefits

Let me make it clear that the debate should shift from ‘whether to eliminate Child Labour’ to ‘How to eliminate child Labour’. In order to understand the eradication benefits of child labour, we must ponder over the questions who are reaping benefits out of Child Labour:

First is the family, who due to illiteracy, poverty and other related causes, are forced to employ their child for bare immediate survival needs;

Second would be employers who are not employing adult work force for economic gains;

Third beneficiary is the consumer whose is getting goods involving Child Labour at cheaper rates; for instance in many African countries, child labour is engaged in diamond industries working in pitiable conditions so as to keep the prices compatible in the market. Similarly, in our country child labour is actively engaged in cracker industry in a very unhealthy environment.

Fourth AND here you may debate: Is the State also a beneficiary? Well, at first sight one could see that the State is helpless doing nothing since it has to maintain social orders & macro economic stability. The state is a passive spectator to the fact that 90% of the child work force is engaged in agricultural sector in India. Moreover, the state cannot have the resources to complement such work force else where.

Child Labour cannot be eliminated overnight but it would be wrong to hold that it is a necessary evil. Child & You (CRY) carried out a study and found that the economic benefits of eradicating Child Labour will be seven times more than the cost of rehabilitation. We certainly do not want a large section of society to remain Deprived, uneducated, unhealthy, malnutritioned particularly in a scenario where by the year 2020. India shall have the largest, youngest productive force.

LAW, POLICIES & STRATGIES
The Child Labour (Prohibition and Regulation) Act, 1986 prohibits employment of a child below 14 years of age in several kinds of industries, hazardous and non-hazardous; and as per recent notification of the Government of India dated 10.10.2006, children below 14 years of age cannot be employed as domestic workers or servants in Dhabas (roadside eateries), restaurants, hotels, tea shops or other recreational centres.

There is finite number of legislations dealing with the problems of Child Labour. Indeed, law is the main Instrument of social change but we need to change our attitude towards the problems of the children. There is a shift in the focus from the welfare of the child to the rights of the child.

It is not that the Indian Traditional view of welfare based on the principal of self discipline, Self- Sacrifice and consideration of others are outdated. Perhaps the fact is that in the age of materialism we have lost its meaning. What is required is a ‘zero tolerance’ approach to the employment of children in prohibited activities.

Laws alone cannot tackle the menace of child labours. The Supreme Court longtime back in MC Mehta V State of Tamil Nadu, AIR 1997 SC 699, issued detailed directions, inter alia, providing that “offending employer shall pay a compensation of Rs.20,000/- for every child labour employed.” The Supreme Court took note of the fact that prevention or eradication of child labour cannot be brought about unless such legal measures are backed by rehabilitation schemes.  The Supreme Court invoked the aid of Article 41 of the Constitution regarding the ‘Right to Work’ and to give meaning to what has been provided in Article 47 relating to raising of standard of living of the population and Article 39 (e) and (f) as to non-abuse of tender age of children and giving opportunities and facilities to them to develop in a healthy manner.

It must be understood that Socio-eco-political-legal changes cannot be sustained in isolation. A wide range of stake holders have to be brought together from inside & outside the legal, judicial & human rights area to jointly address the issue in a strategic way. There is an urgent need for correcting the Legal perspective both procedural and substantive in order to foster, adopt & create child centre approaches. It is not enough to prohibit child labour but also to ensure that there are in vogue effective rehabilitative schemes to tackle the problems effectively. All efforts be taken to make education compulsory up to higher secondary education, there should be check on school drop outs.

In this regard, it is a welcome step that the Parliament has enacted the Commissions for Protection of Child Right Act, 2005 , brought into force from 21 th  January, 2006 which inter alia constitutes National as well as State Commission for protection of Child Rights .  The Commission is vested with extensive powers to lay down policies and practical measures for elimination of child labour and children in distress.
 

The ACT defines ‘child rights’ to include the children’s rights adopted in the United Nations Convention on the Rights of the child  on the 20th  November, 1989, and ratified by the Government of India on the 11th December, 1992. The Commission inter alia has suo motu powers to initiate inquiry into complaints of deprivation and violation of child rights and also take up the matter with the appropriate authorities for non-implementation of laws providing for protection and development of children.

Children have a special place in all the wisdom and traditions of the world. I am tempted to quote Rabindra Nath Tagore who said “every child when born brings with it the hope that GOD is not yet disappointed with man”.

LAWS ARE AS GOOD AS ITS IMPLEMENTABILITY. In order to make the law effective, State/District/Talug Legal Services entities must play a creative role bringing to the notice of the Commission envisaged by the new enactment matters relating to violations of child rights. The legal services must actively engage in spread of legal awareness amongst rural folks and far flung areas by holding camps, associating with NGOs and getting constant feedback by assessing data with the help of the district authorities.

To start with all present should take a solemn pledge that we shall not employ a child below the age of fourteen years as domestic servants and make sincere efforts to desist people known to us to do the same.

 We as a member of the civilized section of the society have to make a beginning in this regard.

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