Carpet weaving[edit]
Siddartha Kara finds about 20% of carpets manufactured in India could involve child labour. He notes, "determining the extent to which the hand-made carpet supply chain from India to the U.S.A. is tainted by slavery and child labor requires an additional exercise in supply chain tracing."[69] Kara's study also finds variation in child labour practices between ethnic and religious groups. Kara and colleagues report highest level of child labour in Muslim community carpet operations,[70] and the presence of debt bonded child labourers in Muslim villages.[71]
Siddartha Kara finds about 20% of carpets manufactured in India could involve child labour. He notes, "determining the extent to which the hand-made carpet supply chain from India to the U.S.A. is tainted by slavery and child labor requires an additional exercise in supply chain tracing."[69] Kara's study also finds variation in child labour practices between ethnic and religious groups. Kara and colleagues report highest level of child labour in Muslim community carpet operations,[70] and the presence of debt bonded child labourers in Muslim villages.[71]
Domestic labour[edit]
Official estimates for child labour working as domestic labour and in restaurants is more than 2,500,000 while NGOs estimate the figure to be around 20 million.[72]The Government of India expanded the coverage of The Child Labour Prohibition and Regulation Act and banned the employment of children as domestic workers and as workers in restaurants, dhabas, hotels, spas and resorts effective from 10 October 2006.
Official estimates for child labour working as domestic labour and in restaurants is more than 2,500,000 while NGOs estimate the figure to be around 20 million.[72]The Government of India expanded the coverage of The Child Labour Prohibition and Regulation Act and banned the employment of children as domestic workers and as workers in restaurants, dhabas, hotels, spas and resorts effective from 10 October 2006.
Coal mining[edit]
Initiatives against child labour[edit]
In 1979, the Indian government formed the Gurupadswamy Committee to find about child labour and means to tackle it. The Child Labour Prohibition and Regulation Act was not enacted based on the recommendations of the committee in 1986.[citation needed] A National Policy on Child Labour was formulated in 1987 to focus on rehabilitating children working in hazardous occupations.[73] The Ministry of Labour and Employment had implemented around 100 industry-specific National Child Labour Projects to rehabilitate the child workers since 1988.[74]
In 1979, the Indian government formed the Gurupadswamy Committee to find about child labour and means to tackle it. The Child Labour Prohibition and Regulation Act was not enacted based on the recommendations of the committee in 1986.[citation needed] A National Policy on Child Labour was formulated in 1987 to focus on rehabilitating children working in hazardous occupations.[73] The Ministry of Labour and Employment had implemented around 100 industry-specific National Child Labour Projects to rehabilitate the child workers since 1988.[74]
Non-governmental organisations[edit]
Many NGOs like Bachpan Bachao Andolan, CARE India, Talaash Association Child Rights and You, Global march against child labour, RIDE India etc. have been working to eradicate child labour in India.[73]
Pratham is India's largest non-governmental organisation with the mission 'every child in school and learning well.' Founded in 1994, Pratham has aimed to reduce child labour and offer schooling to children irrespective of their gender, religion and social background. It has grown by introducing low cost education models that are sustainable and reproducible.[75][76]
Many NGOs like Bachpan Bachao Andolan, CARE India, Talaash Association Child Rights and You, Global march against child labour, RIDE India etc. have been working to eradicate child labour in India.[73]
Pratham is India's largest non-governmental organisation with the mission 'every child in school and learning well.' Founded in 1994, Pratham has aimed to reduce child labour and offer schooling to children irrespective of their gender, religion and social background. It has grown by introducing low cost education models that are sustainable and reproducible.[75][76]
Demography of child labour[edit]
According to 2005 Government of India NSSO(National Sample Survey Org.), child labour incidence rates in India is highest among Muslim Indians, about 40% higher than Hindu Indians. Child labour was found to be present in other minority religions of India but at significantly lower rates. Across caste classification, the lowest caste Dalit children had child labour incidence rates of 2.8%, statistically similar to the nationwide average of 2.74%. Tribal populations, however, had higher child labour rates at 3.8%.[79]
According to 2005 Government of India NSSO(National Sample Survey Org.), child labour incidence rates in India is highest among Muslim Indians, about 40% higher than Hindu Indians. Child labour was found to be present in other minority religions of India but at significantly lower rates. Across caste classification, the lowest caste Dalit children had child labour incidence rates of 2.8%, statistically similar to the nationwide average of 2.74%. Tribal populations, however, had higher child labour rates at 3.8%.[79]
CHILD Protection & Child Rights » IV.National Mechanisms » Child Related Legislations » Child Labour (Prohibition and Regulation) Act 1986
The Child Labour (Prohibition and Regulation) Act, 1986 is one the most debated acts regarding children in India. It outlines where and how children can work and where they can not. The provisions of the act are meant to be acted upon immediately after the publication of the act, except for part III that discusses the conditions in which a child may work. Part III can only come into effect as per a date appointed by the Central Government (which was decided as 26th of May, 1993).
The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages, etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc. These provisions do not apply to a workshop where the occupier is working with the help of his family or in a government recognised or aided school.
The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC) who is responsible for advising the government about additions to the Schedule lists.
Part III of the act outlines the conditions in which children may work in occupations/processes not listed in the schedule. The number of hours of a particular kind of establishment of class of establishments is to be set and no child can work for more than those many hours in that particular establishment. Children are not permitted to work for more than three hour stretches and must receive an hour break after the three hours. Children are not permitted to work for more than six hour stretches including their break interval and can not work between the hours of 7 p.m. and 8 a.m. No child is allowed to work overtime or work in more than one place in a given day. A child must receive a holiday from work every week. The employer of the child is required to send a notification to an inspector about a child working in their establishment and keep a register of all children being employed for inspection.
If there is a dispute as to the age of the child, the inspector can submit the child for a medical exam to determine his/her age when a birth certificate is not available. Notices about prohibition of certain child labour and penalties should be posted in every railway station, port authority and workshop/establishment.
The health conditions of work being undertaken by children shall be set for each particular kind of establishment of class of establishments by the appropriate government. The rules may cover topics such as cleanliness, light, disposal of waste and effluents, drinking water, bathrooms, protection of eyes, maintenance and safety of buildings, etc.
Section IV of the act outlines various remaining aspects such as Penalties. The penalty of allowing a child to work in occupations/ processes outlined in the schedule which are prohibited is a minimum of 3 months prison time and/or a minimum of Rs. 10,000 in fines. Second time offenders are subject to jail time of minimum six months. Failure to notify an inspector, keep a register, post a sign or any other requirement is punishable by simple imprisonment and/or a fine up to Rs. 10,000. Offenders can only be tried in courts higher than a magistrate or metropolitan magistrate of the first class. Courts also have the authority to appoint people to be inspectors under this act.
Rules of this act must be passed by the respective parliaments (state or central). Any changes or added provisions must be passed by the parliament. The establishment of this act also calls for a change in a number of other acts. The Employment of Children Act of 1938 is repealed. The enactment of this act changes the definition of child to one who has not completed his fourteenth year of age. Hence under provisions of this act the age of a child is also changed in the Minimum Wages Age 1948, the Plantations Labour Act 1951, the Merchant Shipping Act 1958, and the Motor Transport Workers Act 1961.
The Child Labour (Prohibition and Regulation) Act, 1986 is one the most debated acts regarding children in India. It outlines where and how children can work and where they can not. The provisions of the act are meant to be acted upon immediately after the publication of the act, except for part III that discusses the conditions in which a child may work. Part III can only come into effect as per a date appointed by the Central Government (which was decided as 26th of May, 1993).
The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages, etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc. These provisions do not apply to a workshop where the occupier is working with the help of his family or in a government recognised or aided school.
The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC) who is responsible for advising the government about additions to the Schedule lists.
Part III of the act outlines the conditions in which children may work in occupations/processes not listed in the schedule. The number of hours of a particular kind of establishment of class of establishments is to be set and no child can work for more than those many hours in that particular establishment. Children are not permitted to work for more than three hour stretches and must receive an hour break after the three hours. Children are not permitted to work for more than six hour stretches including their break interval and can not work between the hours of 7 p.m. and 8 a.m. No child is allowed to work overtime or work in more than one place in a given day. A child must receive a holiday from work every week. The employer of the child is required to send a notification to an inspector about a child working in their establishment and keep a register of all children being employed for inspection.
If there is a dispute as to the age of the child, the inspector can submit the child for a medical exam to determine his/her age when a birth certificate is not available. Notices about prohibition of certain child labour and penalties should be posted in every railway station, port authority and workshop/establishment.
The health conditions of work being undertaken by children shall be set for each particular kind of establishment of class of establishments by the appropriate government. The rules may cover topics such as cleanliness, light, disposal of waste and effluents, drinking water, bathrooms, protection of eyes, maintenance and safety of buildings, etc.
Section IV of the act outlines various remaining aspects such as Penalties. The penalty of allowing a child to work in occupations/ processes outlined in the schedule which are prohibited is a minimum of 3 months prison time and/or a minimum of Rs. 10,000 in fines. Second time offenders are subject to jail time of minimum six months. Failure to notify an inspector, keep a register, post a sign or any other requirement is punishable by simple imprisonment and/or a fine up to Rs. 10,000. Offenders can only be tried in courts higher than a magistrate or metropolitan magistrate of the first class. Courts also have the authority to appoint people to be inspectors under this act.
Rules of this act must be passed by the respective parliaments (state or central). Any changes or added provisions must be passed by the parliament. The establishment of this act also calls for a change in a number of other acts. The Employment of Children Act of 1938 is repealed. The enactment of this act changes the definition of child to one who has not completed his fourteenth year of age. Hence under provisions of this act the age of a child is also changed in the Minimum Wages Age 1948, the Plantations Labour Act 1951, the Merchant Shipping Act 1958, and the Motor Transport Workers Act 1961.
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