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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.