Tuesday, 1 July 2014
Monday, 30 June 2014
Child Labour
Child labour is, generally speaking, work by children that harms them or exploits them in some way (physically, mentally, morally, or by blocking their access to education).
BUT: There is no universally accepted definition of child labour. Varying definitions of the term are used by international organisations, non-governmental organisations, trade unions and other interest groups. Writers and speakers don’t always specify what definition they are using, and that often leads to confusion.
Not all work is bad for children. Some social scientists point out that some kinds of work may be completely unobjectionable — except if the work is exploiting the child. For instance, a child who delivers newspapers before school might actually benefit from learning how to work, gaining responsibility, and a bit of money. But what if the child is not paid? Then he or she is being exploited. As Unicef’s 1997 State of the World’s Children Report puts it, "Children’s work needs to be seen as happening along a continuum, with destructive or exploitative work at one end and beneficial work - promoting or enhancing children’s development without interfering with their schooling, recreation and rest - at the other. And between these two poles are vast areas of work that need not negatively affect a child’s development." Other social scientists have slightly different ways of drawing the line between acceptable and unacceptable work.
International conventions also define "child labour" as activities such as soldiering and prostitution. Not everyone agrees with this definition. Some child workers themselves think that illegal work (such as prostitution) should not be considered in the definition of "child labour." The reason: These child workers would like to be respected for their legal work, because they feel they have no other choice but to work.
To avoid confusion, when writing or speaking about "child labour," it is best to explain exactly what you mean by child labour — or, if someone else is speaking, ask for a definition. This website uses the first definition cited in this section: "Child labour" is work for children under age 18 that in some way harms or exploits them (physically, mentally, morally, or by blocking access to education).
International conventions also define "child labour" as activities such as soldiering and prostitution. Not everyone agrees with this definition. Some child workers themselves think that illegal work (such as prostitution) should not be considered in the definition of "child labour." The reason: These child workers would like to be respected for their legal work, because they feel they have no other choice but to work.
To avoid confusion, when writing or speaking about "child labour," it is best to explain exactly what you mean by child labour — or, if someone else is speaking, ask for a definition. This website uses the first definition cited in this section: "Child labour" is work for children under age 18 that in some way harms or exploits them (physically, mentally, morally, or by blocking access to education).
Who is a "child"?
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International conventions define children as aged 18 and under. Individual governments may define "child" according to different ages or other criteria. "Child" and "childhood" are also defined differently by different cultures. A "child" is not necessarily delineated by a fixed age. Social scientists point out that children’s abilities and maturities vary so much that defining a child’s maturity by calendar age can be misleading.
Who are child labourers and how many are there?
In 2000, the ILO estimates, "246 million child workers aged 5 and 17 were involved in child labour, of which 171 million were involved in work that by its nature is hazardous to their safety, physical or mental health, and moral development. Moreover, some 8.4 million children were engaged in so-called 'unconditional' worst forms of child labour, which include forced and bonded labour, the use of children in armed conflict, trafficking in children and commercial sexual exploitation. Unicef’s State of the World’s Children Report says that although the exact number is not known, it is surely in the hundreds of millions. More information about who child laborers are, where they live, and new statistics on the total number can be found here.
Where do child labourers live?
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61 percent in Asia, 32 percent in Africa, and 7 percent in Latin America, 1 percent in US, Canada, Europe and other wealthy nations. In Asia, 22 percent of the workforce is children. In Latin America, 17 percent of the workforce is children. The proportion of child labourers varies a lot among countries and even regions inside those countries. See Child Labour: Targeting the Intolerable and other ILO publications. "In Africa, one child in three is at work, and in Latin America, one child in five works. On both these continents, only a tiny proportion of child workers are involved in the formal sector and the vast majority of work is for their families, in homes, in the fields or on the streets." -- Unicef’s 1997 State of the World’s Children Report
What do child labourers do?
Work ranges from taking care of animals and planting and harvesting food, to many kinds of small manufacturing (e.g. of bricks and cement), auto repair, and making of footwear and textiles. A large proportion of children whom the ILO classifies as child labourers work in agriculture. SeeChild Labour: Targeting the Intolerable (1998) ,Every Child Counts (2002) and other ILO publications. More boys than girls work outside their homes. But more girls work in some jobs: for instance, as domestic maids. Being a maid in someone’s house can be risky. Maids typically are cut off from friends and family, and can easily be physically or sexually abused by their employers. Note: Less than 5 percent of child laborers make products for export to other countries.
Why should we care?
Many children in hazardous and dangerous jobs are in danger of injury or even death. Between today and the year 2020, the vast majority of new workers, citizens and new consumers — whose skills and needs will build the world’s economy and society — will come from developing countries. Over that 20-year period, some 730 million people will join the world’s workforce — more than all the people employed in today's most developed nations in 2000. More than 90 percent of these new workers will be from developing nations, according to research by Population Action International. How many will have had to work at an early age, destroying their health or hampering their education?
How can ordinary people help to reduce child labour?
Learn about the issue and support organisations that raise awareness and provide direct help to individual children.
What are some myths and misunderstandings about child labour?
Unicef lists four "myths":
- It is a myth that child labour is only a problem in developing countries. "But in fact, children routinely work in all industrialised countries, and hazardous forms of child labour can be found in many countries. In the US, for example, children are employed in agriculture, a high proportion of them from immigrant or ethnic-minority families. A 1990 survey of Mexican-American children working in the farms of New York state showed that almost half had worked in fields still wet with pesticides and over a third had themselves been sprayed."
- It is a myth that child labour will only disappear when poverty disappears. Hazardous labour can, and should be eliminated by even the poorest countries.
- It is a myth that most child labourers work in sweatshops making goods for export. "Soccer balls made by children in Pakistan for use by children in industrialised countries may provide a compelling symbol, but in fact, only a very small proportion of all child workers are employed in export industries - probably less than 5 percent. Most of the world’s child labourers actually are to be found in the informal sector - selling on the street, at work in agriculture or hidden away in houses – far from the reach of official labour inspectors and from media scrutiny."
- It is a myth that "the only way to make headway against child labour is for consumers and governments to apply pressure through sanctions and boycotts. While international commitment and pressure are important, boycotts and other sweeping measures can only affect export sectors, which are relatively small exploiters of child labour. Such measures are also blunt instruments with long-term consequences that can actually harm rather than help the children involved."
What causes child labour today?
Poverty is widely considered the top reason that children work at inappropriate jobs for their ages. But there are other reasons as well -- not necessarily in this order:
- family expectations and traditions
- abuse of the child
- lack of good schools and day care
- lack of other services, such as health care
- public opinion that downplays the risk of early work for children
- uncaring attitudes of employers
- limited choices for women
"The parents of child labourers are often unemployed or underemployed, desperate for secure employment and income. Yet it is their children - more powerless and paid less - who are offered the jobs. In other words, says UNICEF in their 1997 "Roots of child labour" report, children are employed because they are easier to exploit.
The report also says that international economic trends have increased child labour in poor countries. "During the 1980s, in many developing countries, government indebtedness, unwise internal economic policies and recession resulted in economic crisis. Structural adjustment programmes in many countries accentuated cuts in social spending that have hit the poor disproportionately. " Although structural adjustment programs are being revised to spare education from deep cuts, some countries make such cuts anyway because of their own, local priorities. In many countries public education has deteriorated so much that education itself has become part of the problem — because children work to avoid going to school. According to Boyden, Ling & Myers, in their book, "What Works for Working Children" (1998), this conclusion is supported by the work of many social scientists.
The report also says that international economic trends have increased child labour in poor countries. "During the 1980s, in many developing countries, government indebtedness, unwise internal economic policies and recession resulted in economic crisis. Structural adjustment programmes in many countries accentuated cuts in social spending that have hit the poor disproportionately. " Although structural adjustment programs are being revised to spare education from deep cuts, some countries make such cuts anyway because of their own, local priorities. In many countries public education has deteriorated so much that education itself has become part of the problem — because children work to avoid going to school. According to Boyden, Ling & Myers, in their book, "What Works for Working Children" (1998), this conclusion is supported by the work of many social scientists.
Children do some types of low-status work, the report adds, because children come from minority groups or populations that have long suffered discrimination. " In northern Europe, for example, child labourers are likely to be African or Turkish; in Argentina, many are Bolivian or Paraguayan; in Thailand, many are from Myanmar. An increasingly consumer-oriented culture, spurring the desire and expectation for consumer goods, can also lead children into work and away from school."
What are some solutions to the problem of child labour?
Not necessarily in this order:
- Increased family incomes
- Education — that helps children learn skills that will help them earn a living
- Social services — that help children and families survive crises, such as disease, or loss of home and shelter
- Family control of fertility — so that families are not burdened by children
The ILO’s International Programme for the Elimination of Child Labor (IPEC) has explored many programs to help child labourers. See the IPEC documents on the ILO site.
The 1989 Convention on the Rights of the Child calls for children to participate in important decisions that will affect their lives.
Some educators and social scientists believe that one of the most important ways to help child workers is to ask their opinions, and involve them in constructing "solutions" to their own problems. Strong advocates of this approach are: Boyden, Myers and Ling; Concerned for Working Children in Karnataka, India; many children’s "unions" and "movements," and the Save the Children family of non-governmental organisations.
The 1989 Convention on the Rights of the Child calls for children to participate in important decisions that will affect their lives.
Some educators and social scientists believe that one of the most important ways to help child workers is to ask their opinions, and involve them in constructing "solutions" to their own problems. Strong advocates of this approach are: Boyden, Myers and Ling; Concerned for Working Children in Karnataka, India; many children’s "unions" and "movements," and the Save the Children family of non-governmental organisations.
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]
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]
slavery still exists
Child labour must not become the nation’s social safety net.
In 2014, slavery still exists…
Children are beautiful, innocent, simple and sweet. Therefore, they are loved, cajoled, pampered and spoiled. They get special treatment, selected food, quality education, prompt healthcare and extra attention. But this is not true for every child. Not every child is considered beautiful, simple and pure. Some children are born to live as children while others are born to live as slaves. These slave children are neglected and forgotten. They are beaten day in and day out, humiliated and assaulted. They are the waiters, the maids and the mechanics. They are the ones you take one glance at and then look away, because they look ..
DIGNITY OF LABOR-AN INHUMAN ACT
Standard
It’s an issue over which we listen in news or some channels and we come to know about how human is be inhuman towards others that comprise not only humans but animals and nature as well. Our Indian culture has a classification based on four communities this has been coming since pre historic times. They are Brahmins, Kshatriyas, Vaishya and shudras. The labor class is all under shudras community. But now with the advent of modernization this has overshadowed and now people of all classes work at all level. In today’s time as people are getting richer they are being more money-minded and hence they are lacking humanity in them. Now a day’s people treat them as object with which they try to harness as much as they can. I had my exam this weekend in Delhi where at the center I got the seat near window. I could easily get the glimpses of outside from there at times I needed to feel relaxed. I saw one home where family persons seemed to be rich and had a girl merely of 7-8 years. In that house there was a vixen lady who used to ascribe work to that small girl. I didn’t know the exact reality but though that view gives a fine explanation of child labor, child exploitation. On one hand we care about our children so much that we don’t allow them to go outside in afternoon and at the same time that girl use to wash hundreds of clothes, take the bucket and get them in sun for drying. Then she used to wash utensils too. So much of work she was doing, why? Because she was born poor and we are far superior than humans that we can exploit any human to any extent without caring of his/her age and that too because we are Moneyman and that is why A loaf of bread costs too much over HUMANITY……
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.
Number of children involved in ILO categories of work, by age and gender in 2002
| All Children ('000s) (2002)[137] | Economically Active Children ('000s) | Economically Active Children (%) | Child Labour ('000s) | Child Labour (%) | Children In Hazardous Work ('000s) | Children In Hazardous Work (%) | |
|---|---|---|---|---|---|---|---|
| Ages 5–11 | 838,800 | 109,700 | 13.1 | 109,700 | 13.1 | 60,500 | 7.2 |
| Ages 12–14 | 360,600 | 101,100 | 28.0 | 76,000 | 21.1 | 50,800 | 14.1 |
| Ages 5–14 | 1,199,400 | 210,800 | 17.6 | 186,300 | 15.5 | 111,300 | 9.3 |
| Ages 15–17 | 332,100 | 140,900 | 42.4 | 59,200 | 17.8 | 59,200 | 17.8 |
| Boys | 786,600 | 184,100 | 23.4 | 132,200 | 16.8 | 95,700 | 12.2 |
| Girls | 744,900 | 167,600 | 22.5 | 113,300 | 15.2 | 74,800 | 10.5 |
| Total | 1,531,500 | 351,700 | 23.0 | 245,500 | 16.0 | 170,500 | 11.1 |
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