From Policy to Practice: India’s Approach to Child

AUTHOR: Bismah Tahir, Student, LLB 2nd year, NUST Islamabad Pakistan

“Child” as defined by the Child Labour (Prohibition and Regulation) Act, 1986 is a person who has not completed the age of fourteen years. According to the 2011 Census, the most recent one carried out in the country, there are about 10.1 million working children between the age of 5 and 14 in India, out of the total of 259.64 million children in that age group. Child labor remains a pervasive issue in India despite significant strides in legislation. Millions of children are forced into labor, often in hazardous conditions, depriving them of their fundamental right to education and childhood. It is mainly due to the socio-economic factors of the country such as poverty, lack of access to quality education, and the fact that in some communities, child labor is often normalized, seen as a rite of passage or a necessity for survival.

Background of the Legislative Framework:

Gurupadswamy Committee (1979):

In 1979, the government established the Gurupadswamy Committee to examine the issue of child labor and propose measures to address it. The committee made several significant recommendations, noting that if poverty persisted, eradicating child labor would be challenging and that legal efforts alone would be impractical. The committee concluded that the only feasible solution was to prohibit child labor in hazardous sectors and to regulate and improve working conditions in other areas. It recommended a multifaceted policy approach to effectively tackle the problems faced by working children.

Child Labour (Prohibition & Regulation) Act 1986:

Due to the recommendations of the Gurupadswamy Committee, the Child Labour (Prohibition & Regulation) Act was established in 1986. This legislation prohibits the employment of children in certain specified hazardous occupations. It also regulates the working conditions in other areas. The list of hazardous occupations and processes is continually updated based on the recommendations from the Child Labour Technical Advisory Committee established under the Act. In 2016, the Act was amended through the Child Labour (Prohibition & Regulation) Amendment Act 2016. To combat child labour and ensure the safety of children, this act prohibits the employment of children under 14 years in any job and restricts the employment of adolescents (14-18 years) in certain specified hazardous occupations and processes.

National Policy on Child Labour 1987:

The National Policy on Child Labour was formulated in 1987. The Policy focuses on the rehabilitation of children working in hazardous occupations & processes in the first instance. It consists of legal enforcement, schemes for poor families to meet their needs, and a project known as NCLP. In 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour. The Scheme envisages the running of special schools for child labour withdrawn from work. In the special schools, these children are provided formal/non-formal education along with vocational training, a stipend of Rs.100 or 120 per month.

The Right of Children to Free and Compulsory Education Act, 2009:

The RTE Act provides for the right of children to free and compulsory education till completion of elementary education in a neighborhood school. It obliges the appropriate government to ensure completion of elementary education for every child in the six to fourteen age group. The RTE Act focuses on enhancing the quality of education through various provisions, including teacher qualifications, infrastructure norms, and monitoring mechanisms. This Act represents a significant effort by the Indian government to promote universal access to education and improve educational standards across the country.

Constitutional Provisions:

The Constitution of India provides the right to free and compulsory education for all children aged 6 to 14 years. It prohibits trafficking in human beings and forced labor, including child trafficking and bonded labor. It prohibits the employment of children under 14 years in factories, mines, or any other hazardous employment. It directs the State to ensure that children are not abused, and that childhood and youth are protected against exploitation and moral and material abandonment.

International Conventions:

On June 13, 2017, the Indian Government achieved a significant milestone in combating child labor by presenting ratification instruments for ILO Conventions No. 138 on Minimum Age to Employment and No. 182 on the Worst Forms of Child Labour to the Director General of the International Labour Organization (ILO), Guy Ryder, at the 106th International Labour Conference in Geneva.

Enforcement and Implementation:

Measures:

Regular inspections by labor departments ensure compliance with child labor laws, while rehabilitation programs provide education, vocational training, and health services to rescued children. Public awareness campaigns by government and NGOs highlight the detrimental effects of child labor and the importance of education.

Penalties:

India has harsh penalties for breaking its rules on child labor to discourage future violators. If an employer is proven to have employed minors in a banned occupation, they may face fines and jail as penalties. Higher fines and longer jail sentences may result from repeat infractions. This ensures legal enforcement and implementation of laws and policies.

Reasons “Child Labour” Persists and Remains a Major Issue:

Poverty

About 6.7% of the total population in India lives below the poverty line. Fulfilling the necessities becomes impossible due to a higher number of family members and fewer sources of income. That is why parents send their kids to earn money at a very early age. Unless the government focuses on creating more job opportunities, fulfilling basic needs of poor households, and providing access to free education as well as healthcare, eradicating child labour will be a farfetched dream.

Weak Law Enforcement:

Due to corruption, bribery, and inadequate accountability of government officers, the enforcement of policies and laws is often compromised. This weak enforcement of child labour laws urges people to appoint children on minimum wage. This exploitation of innocent souls is a clear violation of the constitutional provision of India.

Homeless Children:

There are 18 million street children in India, the largest in any country in the world. This is mainly due to illiteracy, poor family planning, and abandonment due to poverty. For many homeless children, working is a necessity for their survival. The absence of social support systems urges these children to work for themselves, destroying their childhood and leaving a psychological impact on them.

Conclusion:

The battle against child Labour in India has made notable strides but recent statistics indicate that approximately 160 million children were subjected to child Labour at the outset of 2020, with an additional 9 million children at risk due to the impact of the COVID-19 pandemic. This alarming figure translates to nearly 1 in 10 children worldwide, with nearly half of them engaged in hazardous work that directly jeopardizes their health and developmental prospects. Poverty stands as a significant contributor to this issue, underscoring that enforcement efforts alone cannot resolve it. Investments in quality education and skill development initiatives for adolescents are vital for breaking the cycle of poverty and child Labour. All policies are futile if they remain mere words on paper and are not enforced with legal rigor and strictness.