SUMMARY, CONCLUSION, RECOMMENDATION, FUTURE SCOPE &

LIMITATIONS OF RESEARCH WORK

8.1 SUMMARY
“The goals of human development are deeply inter linked with the
development and empowerment of women and children, as they together
comprise significant proportion of the total population of the country as per
2001 Census. Women as an independent group accounted for 495.74 million
or 48.3%, whereas children (0-14 years) formed about 34% of the total
population. These sections not only constitute the precious human resources
of the country but their socio-economic development sets the pace for the
growth of the rest of the economy.”
“Child labour and poverty are inevitably bound together and if you
continue to use the labour of children as the treatment for the social disease of
poverty, you will have both poverty and child labour to the end of time.”
“Mata shatru Pita Vairi, Yen na balo na pathita;
Na shobhate sabha madhye, hansa madhye bako tatha”
This is a Sanskrit proverb portraying the importance of education. It
means that “a mother and father who do not encourage their child’s education
are his enemies indeed; an illiterate among educated ones is the same as, in a
group of swans, the crane is neither wanted nor admired.
Child Labour is a pure violation of huge range of rights of children that
has been dominating the labour market all across the world since the inception
of industrial revolution. Although legislations across the world now consider
this practice exploitative and prohibitive, many developing countries owing to
high poverty and poor schooling opportunities still demonstrate numerous
cases of child labour. India is no exception in this case where basic rights of
many children are seen being snatched away commonly on streets,
restaurants, agricultural fields or perhaps every nook and corner that can be
associated with labour work. The problem of child labour continues to pose a
challenge before the nation. “Small hands which can handle a pen better, are
handling bricks, biddies-cigarettes.” Government has been taking various pro-
active measures and initiatives to tackle this problem. However, considering
the gravity of the problem and it has become a socio-economic problem linked
with poverty and illiteracy, it requires concerted efforts from all sections of the
society. This problem of child labour gives rise to adult unemployment,
increase in rate of juvenile crimes, illiteracy and last but not least child labour
leads to gross violation of human rights of such working children.
After 68 years of Independence and over a decade after India
became signatory to UNCCR (United Nations Convention on Child Right’s),
our children continue to be the most neglected segment. Much to the shame of
all Indians, our country has been universally accepted as a good example of a
nation which suffers from the problem of child labour.
A generally valid definition of child labour is presently not available
either in the national or international context. Child labour is a type crime in
which children are forced to work in their very early age and perform the
responsibilities just like adults by taking part in the economic activities. There
is no “Uniformity” in the definition of the child. “Child labour is the practice of
having children engaged in economic activity, on part or full time basis.” The
term ‘child labor’ means ‘working child’ or ‘employed child’. ‘Child labor’ is any
work done by child to earn money. ‘Child labor’ is a derogatory term which
translates into child exploitation and inhumanity according to sociologists,
development workers, and educationists. The term “child labor” is often
defined as work that deprives children of their childhood, their potential and
their dignity, and that is harmful to physical and mental development. It refers
to work that:
• is mentally, physically, socially or morally dangerous and harmful to
children;
• interferes with their schooling by depriving them of the opportunity to
attend school;
• Obliges them to leave school prematurely; or forces them to combine
school attendance with excessively long and heavy work.

It is an employment of the children in any type of work which makes

children deprived of childhood, proper education, physical, mental and social
well being. It is completely forbidden in some countries however has been an
international concern in most of the countries as it is destroying the future of
children to a great extent.
 It is a serious matter (a big social problem) in most of the developing
countries. Small age group children are being involved in the child labor hugely
by the people of high status. They are avoiding the fact that children are the
big hope and future of the nation. Millions of children have been deprived of
the childhood and proper education in our country which is a dangerous sign.
Such children do not get the chance of living a healthy life as they are not
satisfied physically, mentally and socially from their childhood. The following
list gives possible reasons why employers prefer child labor and these reasons
are also causes for declining education to child labourers; they are seen as
more domestic able, timid, compliant, loyal, responsible and stable. They are
hired by the industries to get more work at reduced labor cost; they do not
waste time chatting, nor do they take frequent breaks, they usually have no
addiction or vices. They are able to sit quietly in one place and are more
hardworking and obedient. Constitutional Provisions: After independence from
colonial rule, India has passed a number of constitutional provisions and laws
on child labour. The Constitution of India has elaborate provisions on rights of
children. There are certain articles in the Constitution that specifically address
the problem of child labour, and there are others that indirectly speak about
protecting children from exploitative labour in the Fundamental Rights (Part III)
and the Directive Principles of State Policy (Part IV).
Part III Fundamental Rights: Art. (21) Protection of life and personal liberty –
“No person shall be deprived of his life and personal liberty except according
to procedure established by law”
Art. 21A- 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 may, by law, determine.
Art.23- Prohibition of traffic in human beings and forced labour: Traffic in
human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be punishable as an
offence in accordance with the law.
Art.24- Prohibition of employment of children in factories etc.-No child below
the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment.
Part IV Directive Principles of State policy-
Art.39 (e) -The State shall in particular, direct its policy towards securing that
the health and strength of workers, men and women, 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.
Art.39(f) – The State shall, in particular, direct its policy towards securing that
children are given opportunities and facilities to develop in a healthy manner
and in condition of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment.
Art.41- Right to work, to education and to public assistance in certain cases-
The State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age, sickness, disablement,
and in cases of undeserved want.
Art.45- Provision for free and compulsory education for children- The State
shall endeavour to provide within a period of 10years from the commencement
of this Constitution, for free and compulsory education for all children (below
the age of 6years)
Art.51-A Fundamental Duty- It shall be the duty of every citizens of India, who
is a parent or guardian to provide opportunities for education to his child or, as
the case may be, ward between the age of 6 and 14 years. India has a federal
form of government, and child labour is a matter on which both the central
Government and State governments can legislate. 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 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.
Important International documents for the protection of human rights of
children: The most important declaration was the Declaration of the Rights of
the Child, 1959. The United Nations has, in the Universal Declaration of
Human Rights proclaimed that everyone is entitled to all the rights and
freedoms set forth therein without distinction of any kind, such as race, color,
sex, language, religion etc. The said declaration also refers to the earlier
Geneva Declaration of the Rights of the Child of 1923. The preamble of this
Declaration specifically refers to the duties mankind owes to the child.The next
important document is the United Nations Convention on the Rights of the
Child, 1989. This is most exhaustive convention on the rights of the child. Art.3
of the said Convention states that, the best interest of the child shall be a
primary consideration in all actions concerning children, whether it be public or
private social welfare institutions, courts of law and other administrative or
legislative bodies. The abolition of child labour must be preceded by the
introduction of compulsory education since compulsory education and child
labour laws are interlinked. The Court in series of cases has unequivocally
declared that right to receive education by the child workers is an integral part
of right of personal liberty embodied in Article 21 of the Constitution.
With regard to child labour in India, Justice Suba Rao, the former Chief
Justice of India, rightly remarked; “Social Justice must begin with the child.
Unless a tender plant is properly nourished, it has little chance of growing into
strong and useful tree. So, first priority in the scale of justice should be given to
welfare of children.” While the legislature has been instrumental in the passing
of legislations for the protection of child rights, the Indian Judiciary has been
active in protecting the fundamental rights of weaker sections of society,
especially child laboures through various judgements:-
 It is only in the year 1993 in J.P.Unnikrishnan v/s State of Kerala,
(AIR 1993 SC 2178) case that sanctity of such a right was for the first time
recognised by the SC which held that education up to the age of 14years be
made a fundamental right and it pronounced that right to education is implicit in
and flows from Right to Life guaranteed by Art.21.Thereafter, by Constitutional
Amendment Act,2002, free and compulsory elementary education for every
child between 6 to 14 years of age was made a fundamental right and new
Article as Art.21-A added to the pages of Constitution. It reads as follows: -
“The State shall provide free and compulsory education to all children
to the age of 6 to 14 years in such manner as the State may by law
determine.”
It will not be out of place to make a mention that education is a subject
which finds a place in concurrent list (List III) in 7th schedule of Constitution.
Therefore, education is a subject on which both Union and State Government
can legislate.
Child Labour Prohibition and Regulation Act do not prohibit
agricultural and domestic work. The Act does not consider both the works as
hazardous.
The Court has stated in Gopinath v/s State of Bengal (AIR 1984 SC
237) that “every child is a nation’s wealth. Art.39 (f) of the Constitution
provided that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood is
protected against exploitation and moral and material abandonment.
In Bandhu Mukti Morcha v/s Union of India (AIR 1984 SC 802), as this
case basically dealt with welfare of child in general and child labour in
particular, the Court held as under:
“The right to live with human dignity enshrined in art.21 deprives its life
breath from the Directive Principles of State Policy and particularly clauses (e)
and (f) of art.39 and art.41 and 42 and at least, therefore it must include
protection of health and strength of workers men and women, and of the
tender age of children against abuse, opportunities and facilities for children to
develop in a healthy manner and in conditions of freedom and dignity,
educational facilities- neither Central nor State Govt.- has the right to take any
action which will deprive a person of the enjoyment of these basic essential”.
The SC has rightly held in Vikram Deo Singh Tomar v/s State of Bihar (AIR
1988 SC 1782) that it is the constitutional duty of Govt. to abide by the
constitutional standards and provide at least the minimum conditions ensuring
child’s dignity. The Court has a parental role while directing the Govt. to
convince the workmen to send their children to nearby school and arrange not
only for the fee to be paid but also provide free of charge books and other
facilities such as transportation.
The SC in Ashok Kumar Thakur v/s UOI (AIR 2008 SC) has observed
as under; In sum, Central Govt. should enact legislation:
 That, provides low- income parents / guardians with financial incentives
such that they may afford to send their children to school;
 Criminally penalizes those who receive financial incentives and despite
such payment send their children to ‘work’.
 Penalizes employers who prelude children from attending school or
completing home work.
 A penalty should include imprisonment. The State is obligated u/art.21-A
to implement free and compulsory education in Toto;
 Until we have achieved the objective of free and compulsory
education, the Govt. should continue to increase education budget.
In Bahpan Bachao Aandolan v/s UOI and Ors. the Apex Court
examined the issue of exploitation of children in Indian Circuses. The Court
held that “In order to implement the fundamental right of children u/art. 21 of
the Constitution, it is imperative that Central Govt. must issue suitable
notifications prohibiting employment of children in circuses.”
Labourers working on Salal Hydro-Project V. State of Jammu and
Kashmir. Among the workmen on the site of the Salal Hydro Project were a
number of minors who allegedly accompanied the male members of their
family on their own and demanded employment. Supreme Court accepted that
child labour is a socio-economic problem and that its prohibition would be
socially and economically unacceptable to large masses of society. But, that is
why Art.24 limits the prohibition against employment of child labour in
hazardous undertakings. And, in this case, construction has been held to be a
hazardous occupation and hence children should not be permitted to work but
persuaded to go to school.
The history of human rights is a history of struggle. Human Rights can
never be bestowed from above. They have to be won. The struggle for
realization of the rights of the child is indeed going to be a long journey. The
ILO proceeds to say: “Pending the elimination of child labour, to take all
necessary social and legislative action for the progressive elimination of child
labour and during the transition period until the elimination of child labour, to
regulate and humanize it and to give particular attention to the implementation
of special standards for children relating to medical examination, night work,
underground work, working hours, weekly rest, paid annual leave and certain
types of hazardous and dangerous work embodied in a number of ILO
instruments.”
According to the Indian law, children below the age of 14 years cannot
be employed to any type of work forcefully whether by the parents or owner in
a factories, offices or restaurants. It is a common practice in India as well as
other developing countries in a small scale industry, domestic aid, restaurant
service, stone breaking, shopkeeper’s assistant, every house-hold industry,
book binding, etc.
India has 350 plus million children, more than any other country in the
world. Their condition has improved in the last five decades, with child survival
rates up, school dropout rates down, and several policy commitments made by
the Government at the National and International levels. Resource allocation
by the State, however, remains quite inadequate to take care of the survival
and healthcare needs of infants and children, their education, development
and protection. The great challenge of India as a developing country is to
provide nutrition, education, health care to these children.
Across the world, according to ILO, there are 21 million people thought to be
working under conditions of forced labour within the private economy—
primarily in agriculture, construction, domestic work, manufacturing, mining
and utilities. Children moreover have been found working in cobalt mines for
the some of the major cell phone brand supply chains, Syrian refugees
working under terrible circumstances for garment supply chains in Turkey,
Rohingya refuges working as slaves in the Thai fishing industry and North
African migrants working in agriculture in Italy and Spain. Situations like these
have spurred the UN to set Sustainable Development Goal on Decent Work
and Economic Growth, which calls for: “immediate and effective measures to
eradicate forced labour, end modern slavery and human trafficking and secure
the prohibition and elimination of the worst forms of child labour, including
recruitment and use of child soldiers, and by 2025 end child labour in all its
forms
There are more children under the age of fourteen in India than the entire
population of the United States. India has made significant commitments
towards ensuring the basic rights of the children. There has been progress in
overall indicators: infant mortality rates are down, child survival is up, literacy
rates have improved and school dropout rates have fallen. But the issue of
Child Rights in India is still caught between legal and policy commitments to
children.
The study was carried out in hotels of Navi Mumbai, Maharashtra. Navi
Mumbai, situated in the eastern Trans harbour of Mumbai, Maharashtra, is one
of the world's biggest arranged townships. Since freedom, the choice to
construct another city on the territory over the harbour was for a particular
reason: to decongest Mumbai, an island city whose physical extension had a
farthest point. It was additionally reserved as a substitute shelter for the hoards
that thronged to Mumbai from all over India. This choice required the state
government to practice the coordinating, politically talking and hard choice to
move its seat of administration alongside all its imperative workplaces to this
new city, and totally stop the Back Bay recovery venture in the island city. It did
nothing of the sort. It proceeded with the recovery and put brakes on the
endeavours of CIDCO, (for example, the moving of wholesale markets). As of
late in August 2015, Navi Mumbai has been positioned third among 476 urban
communities overviewed for cleanliness. South Navi Mumbai is being
developed quickly with its class foundation and increasing residential demand
of Kharghar, Kamothe, Panvel and Kalamboli. A fifth to 33% of the populace
lives in its ghettos and gaothans (urban towns) with a large number of
structures constructed. The significant piece of Navi Mumbai covers the
southern piece of Thane Taluka (from Thane District) and a portion of Panvel
and Uran taluka (from Raigad District). The City and Industrial Development
Corporation (CIDCO) was formed on 17th March 1971, CIDCO cut out 14 little
townships with a perspective towards encouraging extensive improvement.
These hubs are named Airoli, Ghansoli, Kopar Khairane, Vashi, Sanpada,
Nerul, CBD Belapur, Kharghar, Kamothe, New Panvel, Kalamboli, Ulwe,
Dronagiri, Taloja, Karanjade. Arranged and built all the railroad stations in Navi
Mumbai and grew adjacent territories monetarily. In 1973, the Vashi extension
was opened to the general population for inhabitants of Vashi, CBD Belapur
and Nerul. The Sion-Panvel Expressway was fabricated to diminish the time
taken to venture out from Sion to Panvel. At first there was very little reaction
to the new city. Real changes occurred when 1990, with the authorizing of a
wholesale horticultural produce market at Vashi and the development of a
suburbanite railroad line from Mankhurd to Vashi in May 1992. These
improvements brought about a sudden development in monetary exercises
and to the large number of masses in Navi Mumbai.
Once considered as a slum free city, the satellite city is far from its glorious
days. Navi Mumbai, a city that self satisfying world class base, hasn't
possessed the capacity to disregard the nuisance which bothers every single
metropolitan city in creating nations - it houses around 33,823 huts in 48
ghetto areas, with a lodging more than 3,000 separately. While the city is seen
as a standout amongst the most looked for after destinations for speculators,
and, as it were, has even succeeded in its goal of decongesting Mumbai, the
Navi Mumbai Municipal Corporation (NMMC) has neglected to nail down the
multiplying ghettos (slums). Vashi was additionally broadly overwhelmed by
business exercises and by business focuses like banks, budgetary
foundations, land consultancy, building consultancy, retail shopping, eateries,
dhabas, hotels and lodgings.
The urban towns metabolizes such as Navi Mumbai give lodging to the child
workers bunch who works in the casual area of the city. On the other hand, the
urban towns with the expanding populace are full of new difficulties as child
labour is on the increase. The prevalence of child labour is as old as presence
of human development, where one can see the utilization of child labour and
the sky is the limit for elaborating he concept of child labour in one structure
or the other, for example, slaves, local workers, and so on., generally in
disorderly areas such as shops, hotels, dhabas, workshops and different
foundations. With the advent of industrialization and with the foundation of
complex businesses, there emerged the need of raising work and expand
efficiency in the process the child labours were utilized as the most
advantageous segment . Child labour laws are those laws which are
formulated for the upliftment and welfare of child labour. Both at national and
worldwide levels more noteworthy emphasis is being laid upon the welfare of
child labourers. Child need extraordinary assurance in light of their age,
physical and mental condition. Socio-Economic factors must also be taken into
account. The girl-child has a low status in India and enjoys fewer rights,
opportunities and benefits of childhood as compared to the boy child. The boy
child has first right on family and community resources, The girl-child is also
neglected in matters of feeding and health-care.
The father of modern education- John Amos Comenius proposed-“all
persons should be educated, so we could have peace in the world.”Visionaries
of the world understood that peace meant guaranteeing every person certain
rights that are conditional for humanity- education being one of the most
important. The addition of the right to education (RTE) in the Universal
Declaration Of the Human Rights in 1948 was the beginning of a remarkable
expansion of educational opportunities around the world. The Parliament of
India enacted The Right of Children to Free and Compulsory Education Act or
Right to Education Act (RTE) on August 2009. The same got enforced on 1st
April 2010. As per the Act, education is a fundamental right of every child who
is between 6 to 14 years of age. The Act also states that until the completion of
elementary education, no child shall be held back, expelled or required to pass
a board examination. There is also a provision for special training of school
drop-outs to bring them up to par with the students of the same age.
Underprivileged kids lag at all stages of education. When earning a livelihood
and taking care of the members of the family becomes a primary matter of
concern in one’s life, education stands a little or very often, no chance of
pursuance. For the millions of underprivileged people in India education is a
high priced luxury, and this negative outlook continues on with every new
generation. Poverty damages childhood with significant effects on child’s
physical and mental health, as well as educational achievement. It limits the
expectations of the child’s ability to perform well in school.
 Ever since India achieved independence, the executive, the legislature
and the Judiciary in India have taken several proactive measures to put in
place exhaustive legal and policy frame work for safeguarding the rights of
children so as to ensure their survival, development, protection and
participation. Several new plans, schemes and programmes have been
initiated to address issues concerning children. Yet, the plight of child labours
working in hotels of Navi Mumbai has not got better and continues to be
precarious. The need of the hour for all of them is to ensure that laws,
schemes and programmes for protection and promotion of children’s rights are
implemented by them at the field level I the ‘right’ perspective.
Child labour cannot be eliminated by focusing on one determinant, for example
education, or by brute enforcement of child labour laws. The government of
India must ensure that the needs of the poor are filled before attacking child
labour. If poverty is addressed, the need for child labour will automatically
diminish. No matter how hard India tries, child labour always will exist until the
need for it is removed. The development of India as a nation is being
hampered by child labour. Children are growing up illiterate because they have
been working and not attending school. A cycle of poverty is formed and the
need for child labour is reborn after every generation. India needs to address
the situation by tackling the underlying causes of child labour through
governmental policies and the enforcement of these policies. Only then will
India succeed in the fight against child labour.

CONCLUSION
“Start today and reap the benefits tomorrow.”
When we speak of education of child labour, first name pops into our
mind is that of Ms.Malala Yousafzai and Mr. Kailash Satyarthi. When Malala
was just 11yrs. , she wrote to BBC about the norm of banning female
education in Taliban regime, her article gained tremendous momentum all over
the world, she started her fight for education at very small age and began to
speak publicly and for press. Human Right of leading a dignified life under
Article 21 can turn from a dream into reality, if education permeates entire
younger generation of country.
 Education is a public good and it is the right of every child to receive
free and quality education and it is the duty of the governments to deliver the
same. To fulfill their duty as the custodian of children’s right to education,
government need to invest in education, adhering to the international
benchmarks of allocating a minimum of 6% of GDP and 20% of national
budgets to education. All of us can do our bit in making a difference to the lives
of the millions of vulnerable children around the world. Companies, consumers
and governments all need to do their part to remove child labour, slavery,
trafficking and exploitation, out of the lives of children, who deserve to enjoy
their childhoods just as we did.
Rights are being violated in Syria, where children are being bombed
every day. Rights are being violated in Yemen, where children are dying of
hunger. Rights are being violated in Haiti, where disasters are taking millions
of lives of children. Rights are being violated in Nigeria, where young girls are
abducted, raped and enslaved by extremists. Rights are being violated in
Ghana, where children as young as six years are working to produce the
chocolates we eat. Rights are being violated in Europe, where thousands of
refugee children are going missing. Rights are being violated in Nepal, where
little girls and boys are sold for less than a packet of cigarette. Rights are being
violated in India, where hundreds of children are growing up without an
education. Rights are being violated -everywhere. Everywhere, wherever there
is a human presence, in each and every country. As long as violation of human
rights of children exists, there can be no peaceful and just society. Children are
our tomorrow. Restoring their rights is to secure our future.
It is a serious matter (a big social problem) in most of the developing
countries. Small age group children are being involved in the child labor hugely
by the people of high status. They are avoiding the fact that children are the
big hope and future of the nation. Millions of children have been deprived of
the childhood and proper education in our country which is a dangerous sign.
Such children do not get the chance of living a healthy life as they are not
satisfied physically, mentally and socially from their childhood.
According to the Indian law, children below the age of 14 years cannot
be employed to any type of work forcefully whether by the parents or owner in
a factories, offices or restaurants. It is a common practice in India as well as
other developing countries in a small scale industry, domestic aid, restaurant
service, stone breaking, shopkeeper’s assistant, every house-hold industry,
book binding, etc.
Policies on worst forms of child labour: The Govt. of India has
established policies related to child labour, including its worst forms.
 National Policy on Child Labour
 State Action Plans on Child Labour in Andhra Pradesh, Bihar, Gujrat,
Jharkhand, Maharashtra, Orissa,Tamil Nadu
 National Skills Development Policy
 National Plan of Action to Combat Trafficking and Commercial Sexual
exploitation of women and children
 Twelfth 5-Year Plan(2012-17)
Social Programs to address the worst forms of child labour- In 2013, the
GOI participated in and funded programs that include the goal of
eliminating or preventing child labour.
 National Child Labour Project Scheme (NCLP)
 Convergence Model Project
 Bonded Labour Scheme
 Food Security Scheme
 Midday Meal Programme
 National Rural Employment Guarantee Scheme(NREGS
 Ujwala Scheme.
The child labour (Prohibition and Regulation) Act 1986 prohibits the
employment of children below the age of 14 years in 16 occupation and 65
processes that are hazardous to the children’s lives and health. According to
Supreme Court’s direction on 10th December, 1996, recovery notice have
been issued to offending employees for collection of a sum of Rs 2000 per
child employed under the provision of Act. No child can be employed in
hazardous occupations. Many states have constituted the child labour
rehabilitation –cum-welfare funds at district level and separate labour cells are
being formed to address the issue.
Two National child labour projects have been implemented by the
central government in states from 1988 to provide non-formal education and
pre-vocational skills. From 2001, Sarva shiksha Abhiyan has been launched to
educate poor and employed children in all states. Ministry of women and child
development has been providing non-formal education and vocational training.
Establishment of Anganbadies is also a big step by the government for the
welfare of children and their physical, mental and educational development.
It is also revealed that the Child Labour Welfare Legislation in India
has been influenced to a great extent by the Conventions and
recommendations adopted by International Labour Organisations from time to
time. Besides, Constitutional provisions there are at present 13 major
enactments which provide legal protection to our children in various
occupations. For making them more effective and progressive, numerous
amendments have also been made in most of these legislations. Moreover, the
Child Labour Deterrence Bill,1992 which was introduced in the United States
Senate recently open a new era in the field of Child Labour Welfare. It defines
child as a one who is below the age of 15years. The Bill prohibits the import of
product in which the child labour is involved. India is a signatory to the whole
gamut of international conventions prohibiting the use of children in industries
at the cost of their education and health.
One important case in which the Supreme Court entertained a letter sent
by post as a Public Interest litigation in People’s Union of Democratic Rights v.
Union of India (AIR 1982,SC 1473) , commonly known as Asiad Case. This
case is an epoch- making judgment of the Supreme Court of India, which has
not only made a significant contribution to labour laws, but also has displayed
a creative attitude of Judges to protect the interests of Child workers. The court
has given a new dimension to several areas, such as Locus Standi, Public
Interest Litigation, and enforcement of labour laws, minimum wages and
employment of children. The facts of the case were that the People’s Union of
Democratic Rights addressed a letter to the Supreme Court annexing the
report of social activists regarding the conditions under which workmen
engaged in various Asiad projects. Pointed reference was made in that Report
that there was a violation of Article 24 of the Constitution and of the provisions
of Employment of Children Act, 1938, viz; children below the age of 14years
were employed in construction work of various projects. The Supreme Court
took cognizance of the child worker’s interest and observed: “Large number of
men, women, children who constitute the bulk of our population are today
living a sub-human existence in conditions of poverty, utter grinding poverty
has broken their back and sapped with moral fiber. They have no faith in
existing social and economic system.
So long as there is ever increasing unemployment, child labour cannot
be easily eradicated. Unfortunately, the child not only takes care of his own life
but complements family income substantially especially amongst the poorest
of the poor like agricultural labourers from whose ranks come nearly 43% of
child labour in India. Is this purely an economic question with which the laws
need not be concerned? Yes, it is indeed primarily an economic question, but
in India where law has a crucial role to play in social transformation, we from
the legal fraternity cannot be indifferent to this critical economic question. Our
Constitution mandates us to opt for a model of development that will
continuously generate employment so that child labour and so many other
social evils can be eradicated fundamentally.
Instead of so much Acts, Constitutional provisions, International
Documents, Government Policies and measures; every day we come across
with the child labour in one form or other. Who is responsible for it? Children?
NO! We as a part of this society, we are responsible for this inhuman practice.
This is curse to our human society. If we want to change the world then there
is urgent need to change ourselves. Not for today but for better tomorrow.
Child labour is a significant issue requiring attention of all sectors of the
society. The parents, academicians and NGO’s committed to the task require
their productive role to wipe out child labour from canvas of society. But, it is
not an easy task as it has its roots in various socio-economic and political
issues. Unless people themselves set their mind to fight against child labour,
so called cancer of society, it is very difficult to eliminate child labour from the
society.
So long as there is ever increasing unemployment, child labour cannot be
easily eradicated. Unfortunately, the child not only takes care of his own life
but complements family income substantially especially amongst the poorest
of the poor like agricultural labourers from whose ranks come nearly 43% of
child labour in India. Is this purely an economic question with which the laws
need not be concerned? Yes, it is indeed primarily an economic question, but
in India where law has a crucial role to play in social transformation, we from
the legal fraternity cannot be indifferent to this critical economic question. Our
Constitution mandates us to opt for a model of development that will
continuously generate employment so that child labour and so many other
social evils can be eradicated fundamentally.
Working conditions of such child labour are pitiable. Most of them
belong to illiterate ignorant, poor, weaker and oppressed sections of the
society. Generally speaking reasons responsible to contribute to problem of
child labour may include poverty, ignorance, illiteracy, population explosion,
lack of knowledge of their rights by poor parents, indebtedness, large size of
family but family income being less, lack of social security scheme in our
country, weak enforcement of labour laws. Child labour though they provide
the same output or more but they are less expensive in terms of wages and
therefore, the industrialists, in search of greater of profit, try to lure them.
Art.18 of the U.N. Convention of the Rights of the Child 1989,
recognizes the rights of the child to be protected from economic exploitation
and from performing any work which is likely to be hazardous or to be harmful
to the child’s health or physical, mental, spiritual, moral or social development.
India is reported to have pledged to the United Nations that it will try to
eliminate child labour by the year 2000.All round attack on the problem of child
labour is the need of the hour.
A man without education is equal to animal. It eradicates illiteracy. It
awakens the child to cultural values, in preparing him for better professional
training, and in helping him to adjust normally to his environments. It is very
foundation of good citizenship. It is most important function of the State to
educate its citizens. A child cannot succeed in his life if he is denied the
opportunity of education.
How can we eliminate the suffering of children- is a fundamental question that
each one of us must ask ourselves today. If we are reading this piece, we all
must have enjoyed our childhood, unlike the 168 million children toiling in
labour, unlike 5.5 million children trapped in slavery, unlike 1.2 million children
trafficked & exploited, and unlike 124 million children who are out of school.
We thus must stand up and do our bit to save our common future, to save our
children. In practice, we seen child labour is very rampant in our society. It
may be any industry , if it is not highly regulated, we can see child labour
employed there. Specially, we find one of them is the hotel industry. In India,
only star category hotels are regulated by the government, and the number of
star hotel is very less. It was observed that, lots of hotels and motels are in
every city, town, suburban areas, and in the roadside of national highways and
others. They were not regulated and maximum of them were using child
labour.
It was seen that a good number of hotels and motels were operating
throughout Navi Mumbai area. It was also seen that good number of children
were employed as a labourer in these hotels and tea-stalls. People were not
noticing or intentionally ignorant that the “chotu” (means young boy in Hindi)
who brings tea or our favourite dish is a child labour and exploited much.
Maximum of them are working 8 to 16 hours in a day and working in inhuman
conditions too.
The studies on child labour reviewed above indicate that the plight of
the working children has close relation with certain aspects of individual
capitalism. As the million of children are working in the hotel industry and
facing lots of social problems like loosing their social identity, human
trafficking, child prostitution and various kinds of human disease, a need arise
to investigate the reasons, adverse effects and seriousness of this social
problem. This research helps in highlighting the reasons why children work,
the risk to a child , role of employers and associations can play to mitigate this
problem and further this research helps in identifying the impact of labour laws
and initiatives undertaken by the International Labour Organization and
Government of India to address the problem.
Child labour is socio-economic problem which can be reduced and
eliminated by adopting various policies for reduction of poverty,
unemployment, illiteracy and low wages. Proper policies shall be framed to
ensure child education, health, and nutritional food. Now doubt laws are
existing to mitigate problem of child labour, but ultimately laws are only words
and actual implementation of law and operation is necessary. The
implementation of law has been always a big issue in our country. Child
Labour Laws have been ineffective because of lack of enforcement machinery,
lack of political will, deliberate will of employer not to follow laws, lack of will of
parents to educate child. Therefore, only to rely on laws and state machinery
can’t change the scenario. There must be initiative be taken by each occupier
as well as private persons to eliminate this menace. Non-governmental
organisations (NGO) may also play vital role for protection of child rights. To
make them more active some help from government is required to be
provided to them so that these organizations can form programmes to divert
mind of children and parents. Part time education courses can also attract
such children towards education.
On the basis of information and data collected from child labours, their
parents and employers, it is found that poverty, illiteracy, increasing
unemployment amongst adults, lack of awareness regarding their fundamental
right to education are the main causes for this unsolved issue of child labour in
Navi Mumbai region. Here, number of respondents is 300, 75 respondents
from dhaba, 75 from tea stalls, 75 from restaurants and 75 from star category
hotels.
On the basis of survey, which is conducted to collect the data form
respondents it is concluded that there is huge difference between number of
respondents and wages which they get on the basis of working hours with no
facility of food and no break or leisure time in between. They don’t get school
facilities, nutritious food, and no first aid facility. Their life is very tough to live at
a very tender age.
In spite of various legislations and constitutional provisions to secure and
protect fundamental rights of children, there is no total ban or prohibition on
child labour. Punishments which are provided have no deterrent effect.
Therefore, this issue remains “Unsolved” in spite of various rules,
regulations, Acts and Government measures. All the legislative measures
remains on paper, there is no strict implementation of laws and policies from
Government side. The suggestions given herewith certainly would go to the
root of the issue and certainly help to control the evil of child labour.
This issue is not related only with respect to Navi Mumbai but it is a
world-wide problem. Today’s children are tomorrow’s future therefore all of us
must strive hard to protect and nourish it...
SUGGESTIONS:
 To look at the child labour as an encroachment of child rights.
 The child labour had become an all India evil, though its acuteness
differed from area to area. So without a concerted effort of both Central
and various State Governments, it would not be possible to eradicate
the problem completely.
 Laws are not properly implemented for which the child labours have not
been able to enjoy the benefits of these laws. Therefore, strict
implementation of laws should be observed.
 It is very necessary to review some laws relating to child labours as
some of these are having very lenient approach towards employers
therefore there is no deterrent effect of these laws.
 When we want to change the world we have to start with ourselves,
therefore we must pledge that not to buy any product and items
prepared by child labours.
 When we find any child labour in Hotel, Tea stall and Dhabha , we
should immediately inform concerning police officer or authority, so that
child labour should not be get encouraged at any level. Similarly, such
responsibility should be conveyed to the students and teachers through
workshops in the school.
 The constitutional obligation of providing free and compulsory education
at primary level should be strictly observed and for that purpose
awareness amongst parents of such children should be created.
 Voluntary organizations can play an important role to eradicate the
problem of child labour. Workshops and seminars should be held
regularly for the members of NGO’s and media, so that they can work
systematically and in a concerted way.
 The child labour, therefore must be eradicated through well-planned,
poverty focused alleviation, development and imposition of restrictions
in employment of the children etc.
 Total banishment of employment may drive the children and mass them
up into destitution and other mischievous environment, making them
vagrant, hard criminals and social risks etc. Therefore, while exploitation
of the child must be progressively banned, other simultaneous
alternatives to the child should be evolved including providing
 education, health care, nutrient food, shelter and other means of
livelihood with self respect and dignity of person.
 Immediate ban of child labour would be both unrealistic and counter,
productive.
 Ban of employment of children must begin from most hazardous and
intolerable activities like slavery, bonded labour, trafficking, prostitution,
pornography and dangerous forms of labour and the like.
 Compulsory education, therefore, to these children is one of the
principal means and primary duty of the State for stability of the
democracy, social integration and to eliminate social tensions.
 Maximum opportunities for work should be made for adults with
assertion of satisfactory wages for keeping up his family so that children
in family don’t required to work at all.
 Even however laws are made by parliament or state government, at
ground level people all over place take interest more viably in close-by
self-government & thus panchayats & gramsabhas should be
encouraged to take care amongst people so that they would stand firm
for not permitting child work.
 Identify & blacklist all things made by child works, which will have
hindrance sway on supervisors
 To make awareness amongst parents & make them appreciate about
importance of education.
 Utilization of extensive use of media for creating awareness amongst
people about wrongs of child labour.
 There must be arrangement of schools where child should get skillful
training. Appropriate stipend should be given to them generously. This
will help in making obligatory coaching fruitful for those children without
whose his family may accomplish starving point.
 Strong political will is must to fight evils of child labour.
 Children’s Board may be constituted to study the nature and extent of
child employment and for fixing minimum age of child for any
employment. There should be provision for sending monthly report to
the State Government by the Board, where it should describe the
working conditions and the problems of child labour.
  Navi Mumbai is a recently developed city by CIDCO for the purpose of
reducing stress over Mumbai. At the time of collecting data and
information from child labours and their parents it is found that, they are
compelled to do this work in hotels because of unemployment, poverty
and loss of their agricultural land. The Government, before acquiring
any agricultural land should make necessary provision to combat with
the issue of child labour in its rehabilitation scheme for Project Affected
Persons
 It is very necessary that while making development plan for acquired
area of land, provision should be made to built Children Homes and
schools especially for such child workers and provision must be made
for their rehabilitation and to include vocational subjects in their
syllabus.
 Regular medical check-up should be done at all work sites especially for
children.
 It is important to make children and society at large, aware of their rights
and what remedy is available to them if their rights are violated. This
can be done through street plays, radio, and television.

8.2 FUTURE SCOPE & LIMITATIONS OF RESEARCH WORK

Child Labor covers unbelievable show of points of view & all parts of Child
Labour can be centred around in subtle segment. Study is more in light of
existing approvals, overall traditions & provisions under Constitution of India
identified with Child Labour. It is impossible to get some information about over
each & every bit of Child Labour, so I concentrate for most part on Child
Labour utilized as part of hotel industry.
“The world is a dangerous place, not because of those who do evil, but
because of those who look and do nothing”—Albert Einstein thus summed up
the consequences of human inaction. It is still travesty of our times that
children are still voiceless multitude.