CHILD LABOUR

Millions of children enter the labour market at an early stage of their life due to various
reasons in the society. The reasons may be Gender, Caste system in India,
Poverty,Disability/Health, Religion, ideology and culture and so on. The 1991 Census
estimated 11.2 million workers in India below the age of 14 years. According to the 48th
Round of the NSSO survey1, 10.1 million children were found in employment and 3.2
million children were defined as seeking work. Thus, in total, the survey estimated 13.3
million children in the labour-force in 1993-94. However, estimates from various non-
governmental sources put this number much higher - ranging from 44 to 100 million.

Reasons behind Child Labour

1) Poverty
We know that poverty is one of the major causes of child labour around
the globe, and that child labour perpetuates poverty. Poverty is one of
the most obvious grounds for discrimination, affecting people’s access
to equal treatment including services such as health and education,
and leading to a vicious circle of discrimination, poverty and social
exclusion. The children of poor and/or uneducated parents are more
likely to be sent to work. Discrimination suffered by parents leads to
lower wages, unequal pay for equal work and lack of access to
employment opportunities and rights, causing family poverty, in turn
making children more vulnerable to exploitation.
Work done by children which keeps them in poverty and out of
education will result in discrimination. Lack of education or skills
training denies necessary human capabilities for productive life,
excluding children from the benefits of economic growth and from
fulfilling their human potential. Education is often the key to accessing
other rights, so a denial of education has serious implications for
enjoyment of all other rights.
2) Race and Ethnicity
Those who experience discrimination on the basis of race and ethnicity
include: indigenous peoples, tribal groups, refugees and asylum
seekers, the internally displaced and migrants. For example, “children
belonging to marginalised ethnic groups…are often targeted for
trafficking.” Formal education is taught in Foreign Languages, not in
local indigenous languages, indigenous children were discouraged from
attending and staying in school where lessons were inaccessible to
them. Efforts have now been made to teach in local languages in areas
where this is appropriate. Due to the educational system, children
were forced to work and thus child labour increasing day by day.
3) Industries relying on Child Labour
Some of the industries that depend on child labour are match and
fireworks, bangle-making, beedi-making, power looms, diamond
cutting, tanning, wool-cleaning, gem polishing, mica cutting and
splitting, carpet weaving, lock making, building and construction,
manufacture of brassware, slate pencil, cement, shellac and soap and
manufacturing processes using toxic metals and substances, such as
lead, mercury, manganese, chromium, cadmium, benzene, pesticides
and asbestos. A certain amount of child labour is also found at brick
kilns, handicrafts-making, silk and silk products, soldering processes in
electronics industries and on floriculture and vegetable farms.

Discrimination amongst child labourers

Discrimination is also present amongst child labourers themselves. Older children may
discriminate against younger children, foreign or minority children or children from a
different caste. For example, in a household with more than one child domestic worker,
there may well be a pecking order according to age, sex and region.

Supreme Court’s historic judgement on child labour

The Supreme Court of India delivered a historic judgement on the issue of child labour
on 10th December 1996. A three-member bench of the Court delivered its verdict on the
petition of noted environmentalist M.C.Mehta (No. 465 of 1986) that sought to involve
the court’s power under Article 32 of the Indian Constitution towards gross violation of
Article 24 by the match factories of Sivakasi, which are infamous for the employment of
children. The Court observed, “By now (child labour) is an all India evil, though its
acuteness differs from area to area. So, without a concerted effort, both of the Central
Government and various State Governments, this ignominy would not get wiped out. We
have, therefore, thought it fit to travel beyond the confines of Sivakasi.”
Amongst the other industries identified by the Court for priority action
was the handmade carpet industry in Mirzapur-Bhadohi, Uttar Pradesh.
The major points of the verdict are as follows:

 An alternative source of income shall have to be provided to the family of child

labour.
 Employers of child labour shall have to pay a compensation of Rs. 20,000 as per
the provisions of the Child Labour (Prohibition and Regulation) Act, 1986, for
every child employed. This would be deposited in the Child Labour
Rehabilitation-cum-Welfare Fund.
 The State shall have to provide employment to an adult in the family in lieu of the
child working in a factory or mine or any other hazardous work.
 In the absence of an alternative employment, the parents/guardian have to be paid
the income earned on the Corpus Fund, the suggested amount being fixed at Rs.
25,000 for each child. The payment will cease if the child is not being sent for
education. In the case of non-hazardous employment, the employer will bear the
cost of education.
 The State’s contribution/grant is fixed at Rs. 5,000 for each child employed in a
factory or mine or any other hazardous employment. The sum shall be deposited
in the afore said Fund.