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Child labour in India: The kids aren't alright

As India celebrates Kailash Satyarthi's Nobel, a look at the child labour crisis that has condemned millions of children to toil ceaselessly. Children continue to labour as families, too poor to feed their young, send them out to work.

Updated on: Oct 19, 2014, 11:20:54 IST
Hindustan Times | By , New Delhi
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As the traffic signal near Masjid Moth in Delhi changes to red and cars start pulling up, ten-year-old Raina (name changed) stops playing with the other children waiting at the lights, and arranges her face in her trademark expression of distress. Slowly, she begins weaving her way between the cars, peering into the rolled-up windows, coaxing commuters to buy an angry bird or chhota bheem balloon. Behind her, other children peddle their various wares of toys, flowers and pens. When one glass window lowers, Raina begins to hand out a ballon. But out comes a hand holding a large box of pizza and a bottle of coke. The mysterious benefactor wins a whoop of delight and a face-splitting grin from Raina. As India and the world celebrates Nobel Peace Prize, child labour - which the child rights activist has been working to eradicate - continues to hold millions of children like Raina in its grasp. In its annual report for 2012-13, Bachpan Bachao Andolan, that Satyarthi founded, mentions 4,936 cases of child labour that it has identified.







The organisation claims to have rescued 976 child labourers and filed complaints in 72 cases. Sixty-three First Information Reports were registered against employers. In a research paper on its website, the organisation reports that, as per Census 2011, 11.7 million children are employed in India. Non-Government Organisations working in this field estimate that there are 60 million child labourers. According to the Ministry of Human Resource and Development, 8.15 million children are currently out of school in India, says the report.



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Kailash-Satyarthi-s-organization-Bachpan-Bachao-Andolan-was-India-s-first-civil-society-campaign-against-the-exploitation-of-children
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Much Ground To Cover

"Our focus has to be on out-of-school children. All out-of-school children are potential resources for the labour market. There has to be better implementation of the Right to Education Act," insists Kushal Singh, former chairperson of the National Commission for Protection of Child Rights.



India is not the only country with a child labour problem. According to UNICEF, the Asia-Pacific region (ILO regional classification) had the most child labourers aged 5-17 (77.7 million) in 2012 as compared with 59 million in Sub-Saharan Africa and 12.5 million in Latin America and the Caribbean. Sub-Saharan Africa has the highest incidence of child labour, with one in five children involved.



However, "India does have one of the highest numbers of child workers in the world," confirms Vandana Kandhari, Child Protection Specialist, UNICEF (India). According to the 2013 edition of UNICEF's the State of the World's Children, 12% of children aged 5 to 14 in India are child workers (i.e. 28 million children). There is no one figure to establish the number of child labourers in the country as different organisations have their own ways of computing. Also, organisations treat 17 ,18 or 14 variously as the cut-off age for child labour.



What many activists find difficult to accept, however, is that, even after years of having legislations in place, there is still so much ground to cover in India. The Child Labour (Prohibition and Regulation) Act of 1986 bans the employment of children up to the age of 14 in hazardous occupations. The National Policy on Child Labour declared in August, 1987, contains an action plan to tackle the problem of child labour. The Supreme Court, in a judgement passed in December 1996, directed the authorities to conduct a survey to identify working children, withdrawal of children working in hazardous industries, and ensure they are educated in appropriate institutions. It also directed them to provide help and rehabilitation to the childrens' families. In 1992, India was the first country to join The International Programme on the Elimination of Child Labour, a global programme launched by the International Labour Organisation a year before. India has also signed and ratified the UN Convention on the Rights of the Child. Yet, despite years of efforts made by government and non-government bodies, lakhs of children continue to be drafted into the country's labour force. In 2013, Childline India Foundation received a total of 15,636 calls from victims of child labour, up from 10,574 in 2012 and 5,805 in 2011. "Our research has shown that 11 per cent of India's workforce consists of children below 18 years of age," says Nishit Kumar of Childline. He adds, "The statistics on Child Labour are hopelessly outdated resulting in faulty evaluation of the situation and planning. The Comptroller and Auditor General [Audit Report (Civil)] routinely under-report the true numbers of working children, or it simply does not bother to conduct the surveys needed to properly identify these children." That poverty is the prime reason pushing these children to work at an early age is a no-brainer. But there are other reasons that compound the problem. "Child labourers are drawn from the most socio-economically marginalised communities, such as those from minorities and the Scheduled Castes (SCs) and Scheduled Tribes (STs). Traditionally deprived of access to quality and age-appropriate education, health facilities, employment, and developmental initiatives such as those for poverty alleviation, they are often discriminated against. The low levels of skills and unemployment or underemployment of adults, combined with the discrimination that children may face in schools, pushes many of these children to work. Urban children are more vulnerable due to increasing work opportunities," explains Vandana Kandhari of UNICEF. Legal and bureaucratic malfunctions and loopholes worsen the situation. "There are no systems to help reintegrate or rehabilitate the children," says Soha Moitra, regional director-North, Child Rights and You (CRY). Often, those rescued from labour return to work in the absence of a family livelihood. Adds Nishit of Childline, "Child labourers fall within the ambit of not just the child labour law and certain other labour laws but also the Juvenile Justice law as they are children in need of care and protection. However, the rate of conviction under the child labour laws is poor, clearly pointing to weak enforcement of laws." The present Child Labour (Prohibition and Regulation) 1986, itself is restricted in its impact. It is also in conflict with other regulations relating to children. The Act does not prohibit child labour but only restricts their employment in jobs deemed to be hazardous, as at firework-making factories, for example. Also, it talks of children only up to the age of 14. This is in contradiction to the Juvenile Justice Act, which defines children as those under the age of 18. An amendment to the Child Labour Act is pending in Parliament. The Child Labour (Prohibition and Regulation) Amendment Bill, 2012 proclaims that it "is proposed to prohibit employment of children below the age of 14 years in all occupations and processes to facilitate their enrolment in schools in view of the Right of Children to Free and Compulsory Education Act, 2009 and to prohibit employment of adolescents (persons who have completed fourteenth year of age but have not completed eighteenth year) in hazardous occupations and processes and to regulate the conditions of service of adolescents in line with the ILO Convention 138 and Convention 182, respectively."



What Needs To Be Done

Rights activists, however, want a blanket ban on the employment of children up to the age of 18. "Legislation should not divide children into child and adolescent as both are equally vulnerable. The Law should not allow a child below 18 years of age to be engaged in any employment. A large amount of work in which girls are engaged does not even figure as child labour," says Moitra, adding, "It is well established that girl children are largely engaged in running the household from a very early age, even before they are capable of wage-earning activities. The government must consider all children in the workforce whether the work done is paid or unpaid, part of family labour or for an outside employer." Proper and accurate data collection on child labour is imperative for effective policy making and programming. Society too plays a role. "If we stop patronizing employers and products that use child labourers, it will help in eliminating child labour from," points out CRY's regional director-North. Unless we do, children like Raina will continue to be a common sight at traffic signals, at middle class homes (taking care of children who are only a little younger than themselves), at farms and brick kilns, at the mechanics where we have our cars repaired and at factories that manufacture our Diwali sparklers. Case Studies



'I have learnt nothing else in life'

Child labour is more of a norm than an exception in the Banarasi silk industry. In hundreds of power loom units operating in narrow lanes across the city, children as young as 11 years of age work tirelessly from 8am until 7pm, with just an hour-long lunch break in between. They earn as little as Rs 2,000-2,500 a month. A few generous employers pay an extra Rs 100 for food. The only respite is on Sundays. For Mehboob (12) of Lallapura, working at a power loom has become a way of life. His neighbours Ahmad (12) and Rizwan (11) also work at the same power loom.



Ask Mehboob about his dreams and he reveals that weaving is his only skill. "I have learnt nothing else in life. For the past one-and-a-half years, I have been working at this power loom. I want to become a skilled weaver and own a power loom when I grow up," he says. Ahmad and Rizwan share his ambition.



Power loom owners and even the parents of the children insist that kids working in the silk industry must not be equated with other child labourers. These children are learning the rare skill of weaving, which will help earn a livelihood when they grow up, says Atiq Ansari, a weaver leader. Besides, the weavers' families are not in a position to invest in books, school fees and uniforms for their children.



"No well-off parent will send his child to work on a loom. All child weavers come from poor families," says Ansari. "If they do not work, who will feed them?"



-Pawan Dixit








 
ABOUT THE AUTHOR
Poulomi Banerjee

Poulomi Banerjee is assistant editor at Hindustan Times.A journalist with over a decade’s experience, Poulomi has reported on varied subject, but human rights and gender issues are her preferred areas of work

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