“Their time is for playing
And making merry in the woods,
Let us join hands
To reclaim their Golden childhood”!
INTRODUCTION
As, per Census 2011, the total child population in India in the age group (5-14) years is 259.6 million. Out of these, 10.1 million are working[1]. This striking figure represents a gloomy picture of the “state of childhood” in India.
They work in fields, in factories making fire-crackers, bangle making, zari work, rolling bidis, carpet weaving, working in mines, as servants or maids, selling goods in the street or markets, working in dhabas, girl child labour do domestic work more such as cleaning, making food, washing, etc.
The five states which are India’s biggest child labour employers – Bihar, Uttar Pradesh, Rajasthan, Madhya Pradesh and Maharashtra. Over half of India’s total child labour population works in these states. India’s biggest hub of child labour is Uttar Pradesh and it accounts for almost 20% of India’s child labourers[2].
But why do these children’s work? Is a question we must ponder upon.
These small children who work at an early age are forced to work, to add income to their family. Due to lack or poor employment and less income, parents often send their small children to work, to support family financially for their survival.
They work to support and feed their family. Conditions of girl child labours are even more worst. Parents often sell them in need of money, and then they are exploited by their owners both physically and mentally.
The Indian Constitution ensures the right of all children (5-14) years for free and compulsory education, it also prohibits child labour. Article 24[3] of the Indian constitution clearly states that, “No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment, it also protects them from exploitation”.
The government even enacted the Act for their protection – the Child Labour (Prohibition and Regulation) Act, 1986, amended in 2016 (“CLPR Act”). It is a cognizable criminal offence to employ a child for any work (5-14) years.
Where the chronic poverty persists more, their child labours are also more in numbers. Their parent’s don’t have enough money to send their children to school; they don’t even know the benefit of education. These kids are forced to leave home early with the baggage full of responsibilities on their shoulders, rather than bag full of books.
Mostly, rural areas consists of child labour the most. Absence or poor quality of schools in these areas, compel these children to drop out and work. The girl child faces even more risk. As, per statistics, child marriages account for 27% of marriages in India[4].
Many children today are trafficked into factories and informal workplaces. Middlemen or agent gets hefty sums for each ‘lost child’. Unfortunately, sometimes its the father himself who sells off the child. They suffer from diseases such as lung diseases, T.B., heart problems and several other disabilities, after inhaling hazardous smoke from bangle making or tobacco, bidis making factories.
“Kailash Satyarthi[5]”, Nobel Peace Laureate and founder of the Global March against Child Labour said-“I understood through my fight against child labour in India and South Asia that it is not an isolated problem of one or another country. It has to be tackled globally. If the world can reach out to Mars, why can’t we reach out to every single child who is in danger?
The child labour law in India was amended in 2016, to prohibit all kinds of work for (5-14) years and hazardous work also. Besides, the new Anti-trafficking legislation[6] establishes a stringent framework to nab the perpetrators and rehabilitate the victims. Also, many NGO’s and private institutions like Bachpan Bachao Andolan, Child Rights and You (CRY) work towards alleviating the conditions.
Government has also set-up NCPCR. The National Commission for Protection of Child Rights (NCPCR)[7] emphasizes the principle of universality and inviolability of child rights and recognizes the tone of urgency in all the child related policies of the country. For the Commission, protection of all children in the (0 to 18) years age group is of equal importance. Thus, policies define priority actions for the most vulnerable children. For the Commission, all the rights of children are equally important.
But all these efforts might not be enough. Because this problem is deeply rooted in our society, temporary measures cannot be a long-term solutions. This heart wrenching reality has consequences on various walks of life. The psychological or physical trauma which child faces is indescribable. This child labour deprives them of equal opportunities to lead a better life like other children. This is totally violation of human right of these innocent children.
Now, it is high time for all of us to realize that if poor people send their children to work then why they are so, much compel to this? We should think about it. Our duty is not only to protect the child but also to think about such measures which can remove the poverty of these poor people. More emphasis should be given to family planning, spreading of education about it, because people with more number of kids, are more prone to send their small children to work.
The factories which employ these small children must be severely fined and punished. This child labour is depriving small children of their best childhood days. Active participation from all is needed to remove this child labour.
International Labour Organization (ILO)[8]
International Labour Organization is a United Nations agency whose mandate is to advance social justice and promote decent work by setting international labour standards. It was the first specialized agency of the UN. The ILO has 187 member states. It was formed in 1919.
On 12th June, 2019 the International Labour Organization celebrated 100 years of advancing social justice and promoting decent work. Even today, 152 million children are still in child labour. Child labour occurs in almost all sectors, yet 7 out of every 10 of these children are working in agriculture. On this World Day against Child Labour will look back on the progress which is achieved over a 100 years of ILO supporting to countries on tackling child labour. We will also look forward towards the UN Sustainable Development Goal Target 8.7 set by the international community calling for an end to child labour in all its forms by 2025.
“It is the exploitation of childhood which constitutes the evil most unbearable to the human heart. Serious work in social legislation begins always with the protection of children.” – Albert Thomas, the first ILO Director[9].
Childhood is the period where a child learns about life and how to tackle with it from parents, but what if when their parents only push them in this world of ‘CHILD LABOUR’? Child labour interferes with the proper growth and development of a child. It is the birthright of every child to get all the basic facilities but certain circumstances forces them to become a child labour. Due to this they miss the most happiest and memorable days of their life. It has become the biggest social issue in India. In many developing countries child labour is becoming popular.
The issue of child labour has now been an international concern as it highly involved in inhibiting the growth and development of the country. Healthy children are the bright future and power of any country thus child labour is damaging, spoiling and destroying the future of the children and finally the country[10].
CAUSES OF CHILD LABOUR[11]
Poverty and high level of unemployment in developing countries are the main reason of child labour, Lack of access to regular education in many countries, Violating laws regarding child labour, Small children get involved in the child labour in order to increase the income of their family to manage two times food, They are hired by the industries to get more work at reduced labour cost, etc.
SOLUTIONS TO CHILD LABOUR[12]
Creating more unions, Child labour needs high level of social awareness, Family control will also help in controlling the child labour, need of more effective and strict government laws against child labour in order to prevent children from working in their little age, Child trafficking should be completely abolished, Child workers should be replaced by the adult workers, Business owners of factories, industries, mines, etc should take the pledge of not involving children in any type of labour, etc.
CONCLUSION
Children are Nation’s valuable resources. The future of the Nation depends on how a child is growing and developing. The great poet Milton said “Child Shows the man as morning shows the day”. It is the duty of society and its people to look after this problem and put some input to remove it. Children are the future custodians; they will become teachers, scientists, judges, doctors, engineers, politicians, etc. on whom the entire country will depend but instead of getting proper education these children are deprived of it and get stuck in this child labour, which gets difficult for them to come out of it.
The concept of child labour in India is very complex and difficult to understand. It is a complex economic problem. It is really depressing to see these small children working and going through pain in each and every step of their life. Harsh reality of our society, difficult to curb the menace of it. It is observed that the problem of child labour is global phenomenon which is found in both developed and developing nations[13].
We don’t know how difficult it is for them to go through all these things in their life, because we are living a good and healthy life. Those who go through pain only they can understand the true meaning of life and how to survive with minimum things. After implementing so many laws, legislations, policies still children are working in factories and shops, working in marriages washing utensils or serving food.
Do we ever realize that although indirectly but we are also ignoring them, even after seeing these children working at these places we don’t take any action, why ? Because they are not part of our family or our own children. Bitter truth of the society. They are not related to us by blood so; we don’t even care about it. We are humans but we don’t understand the pain of other humans. This means humans are enemies of other humans. This has a negative impact on the society. At this juncture, we must think, have we taken any steps to tackle child labour? This is a harsh truth, think on.
“I am the child. All the world waits for my coming. All the earth watches with interest to see what I shall become. Civilization hangs in the balance. For what I am, the world of tomorrow will be. I am the child. You hold in your hand my destiny. You determine, largely, whether I shall succeed or fail. Give me, I beg you, that I may be a blessing to the world”. – “Mamie Gene Cole[14]”
[1] FACT SHEET: CHILD LABOUR IN INDIA, https://www.ilo.org/newdelhi/whatwedo/publications/WCMS_557089/lang–en/index.htm
[2] STATISTICS OF CHILD LABOUR IN INDIA STATE WISE,(MAY,04,2016), https://www.savethechildren.in/articles/statistics-of-child-labour-in-india-state-wise
[3] DD BASU, INTRODUCTION TO THE CONSTITUTION OF INDIA, Pg- 130, 22nd EDITION
[4] VAGESHWARI DESWAL, LEGAL STATUS OF CHILD MARRIAGES IN INDIA,(JAN.,24,2019,7:33P.M. IST), https://timesofindia.indiatimes.com/blogs/legally-speaking/legal-status-of-child-marriages-in-india/
[5] B-ROLL: KAILASH SATYARTHI- IF THE WORLD CAN REACH OUT TO MARS, WHY CAN’T WE REACH OUT TO EVERY CHILD WHO IS IN DANGER?, (JUNE, 12,2018), https://www.ilo.org/global/about-the-ilo/multimedia/video/b-rolls/WCMS_632266/lang–en/index.htm
[6] THE TRAFFICKING OF PERSONS(PREVENTION,PROTECTION AND REHABILITATION) BILL, 2018, https://www.prsindia.org/billtrack/trafficking-persons-prevention-protection-and-rehabilitation-bill-2018
[7] NCPCR, http://vikaspedia.in/education/child-rights/national-commission-for-protection-of-child-rights-ncpcr
[8] ADVANCING SOCIAL JUSTICE, PROMOTING DECENT WORK ,https://www.ilo.org/global/about-the-ilo/lang–en/index.htm
[9] WORLD DAY AGAINST CHILD LABOUR 2019: CHILDREN SHOULDN’T WORK IN FIELDS, BUT ON DREAMS !, https://www.ilo.org/ipec/Campaignandadvocacy/wdacl/lang–en/index.htm
[10] LONG AND SHORT ESSAY ON CHILD LABOUR IN ENGLISH, https://www.indiacelebrating.com/essay/child-labour-essay/
[11] LONG AND SHORT ESSAY ON CHILD LABOUR IN ENGLISH, https://www.indiacelebrating.com/essay/child-labour-essay/
[12] LONG AND SHORT ESSAY ON CHILD LABOUR IN ENGLISH, https://www.indiacelebrating.com/essay/child-labour-essay/
[13]https://shodhganga.inflibnet.ac.in/bitstream/10603/8530/19/19_chapter%2011.pdf
[14]https://shodhganga.inflibnet.ac.in/bitstream/10603/8530/19/19_chapter%2011.pdf.
This article is authored by Aditi Dhamdhere, student of BA LL.B at Modern Law College, Pune University.
Also Read – Right Against Exploitation Under The Constitution Of India
