Monday 30 June 2014

Bonded child labour in India[edit]

Srivastava describes bonded child labour as a system of forced, or partly forced, labour under which the child, or usually child's parent enter into an agreement, oral or written, with a creditor. The child performs work as in-kind repayment of credit.[45] In this 2005 ILO report, Srivastava claims debt-bondage in India emerged during the colonial period, as a means to obtain reliable cheap labour, with loan and land-lease relationships implemented during that era of Indian history. These were regionally called Hali, or Halwaha, or Jeura systems; and by colonial administration the indentured labour system. These systems included bonded child labour. Over time, claims the ILO report, this traditional forms of long-duration relationships have declined.[45][46]
In 1977, India passed legislation that prohibits solicitation or use of bonded labour by anyone, of anyone including children. Evidence of continuing bonded child labour continue. A report by the Special Rapporteur to India's National Human Rights Commission, reported the discovery of 53 child labourers in 1996 in the state of Tamil Nadu during a surprise inspection. Each child or the parent had taken an advance of Rs. 10,0000 to 25,0000. The children were made to work for 12 to 14 hours a day and received only Rs. 2 to 3 per day as wages.[47][48] According to an ILO report, the extent of bonded child labour is difficult to determine, but estimates from various social activist groups range up to 350,000 in 2001.[45]Despite its legislation, prosecutors in India seldom use the Bonded Labour System (Abolition) Act of 1976 to prosecute those responsible. According to one report,[49] the prosecutors have no direction from the central government that if a child is found to be underpaid, the case should be prosecuted not only under the Minimum Wages Act, 1948 and the Child Labour (Prohibition & Regulation) Act, 1986, the case should include charges under the Bonded Labour Act of India. The few enforcement actions have had some unintended effects. While there has been a decrease in children working in factories because of enforcement and community vigilance committees, the report claims poverty still compels children and poor families to work. The factory lends money to whoever needs it, puts a loom in the person’s home, and then the family with children works out of their homes, bring finished product to pay interest and get some wages. The bonded child and family labour operations were moving out of small urban factories into rural homes.[49]

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