National Policy on Child Labour

Recently, a detailed report on the implementation of the Centre’s policy on child labour was tabled in Parliament.

Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986 and the National Policy on Child Labour was declared in August, 1987.

Prepared by – The Parliamentary Standing Committee on Labour.

Findings - The number of working children has decreased from 1.26 crore (2001 census) to 1.01 crore (2011 census) and has decreased from 57.79 lakh (2001 census) to 43.53 lakh (2011 census) in the age group of 5-14 years.

• It is practically not possible to meet the international commitment to eliminate child labour by 2025.

Recommendation – Improve coordination between various Ministries of the centre and the states.

Improve data collection – Data on children between 14 to 18 years be collected during the next census exercise.

• • Ministry of Labour & Employment to conduct periodic survey particularly in urban areas to identify child labours.
  • Centre can direct states to conduct surveys along with their suggestions to address the problem.
• Examine various child welfare acts – To reduce any ambiguity or delay in securing justice for aggrieved children by rectifying the
  • Discrepancies in criteria of determining age of the child and the nature of offence as cognisable/non-cognisable

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and Juvenile Justice (Care and Protection of Children) Act, 2015 are important child welfare acts.

Award stricter punishments – Like cancellation of license, attachment of property, etc., and fix the accountability on the principal employer and traffickers.

Child in India: Discrepancies in the Various Laws

According to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, ‘child’ means a person who has not completed his fourteenth year of age.

• • The 2016 Amendment completely prohibits the employment of children below 14 years.
  • It also prohibits the employment of adolescents in the age group of 14 to 18 years in hazardous occupations and processes and regulates their working conditions where they are not prohibited.
• Under the Right of Children to Free and Compulsory Education Act, 2009, ‘Child’ means a male or female aged six to fourteen years.
• As per the Minimum Wages Act, 1948 vide its amendment in 1986 a ‘child’ is defined as a person who has not completed his fourteenth year of age.
• The Juvenile Justice (Care and Protection of Children) Act, 2015 defines ‘child’ as a person who has not completed eighteen years of age. The term ‘adolescent’ is not defined in the JJ Act, 2015.

What is Child Labour?

• ILO defines Child labour as ‘The work that deprives children of their childhood, their potential, and their dignity and, that is harmful to their physical and mental development’.
• Worst forms of Child Labour: Slavery, trafficking of children, debt bondage, children in armed conflict, sexual exploitation, prostitution, pornography, use in drug trafficking and organised beggary.
• Key sectors employing child labour in India: Brick kilns, carpet weaving, garment making, domestic service, unorganised sectors (e.g. tea stalls), agriculture, fisheries and mining.

According to ILO estimates, there are about 10.1 million working children between the age of 5 to 14 in India, of which 5.6 million are boys and 4.5 million are girls.Incidence of child labour in India has decreased by 2.6 million between 2001 and 2011.

Provisions:

• Article 21 A (Right to Education): The State shall provide free and compulsory education to all children of the age of 6 to 14 years.
• Article 23: Prohibition of traffic in human beings and forced labour.
• Article 24: Prohibition of employment of children in factories, mines, etc.
• Article 39 (DPSP – Article 36-51): The State shall direct its policy towards securing that the health and strength of workers and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
• Article 45: Early childhood care and education to children below the age of six years.

Child Labour Laws in India

1. Factories Act, 1948: It prohibits the employment of children below the age of 14 years in factories.
2. The Mines Act, 1952: It prohibits the employment of children below the age of 18 years in mines.
3. Right To Education Act, 2009: It provides free, compulsory education to all children aged 6 to 14.
4. Child Labour (Prohibition and Regulation) Amendment Act, 2016: It prohibits:
   • the employment of children below 14 years and
   • the employment of adolescents (14-18 years) in hazardous occupations.

• Child Labour (Prohibition and Regulation) Act 1986: Based on the recommendations of Gurupadaswamy Committee, this act was enacted in 1986. It prohibits children under the age of 14 years to be working in hazardous industries and processes.
  • Child Labour (Prohibition & Regulation) Amendment Act 2016: It prohibits the employment of Children below 14 years in all employment and with the provisions for prohibition on employment of adolescents (14-18 Years) in the mines, inflammable substances (explosives) and in hazardous process.
• National Policy on Child Labour in India: Formulated in 1987, it seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children and Adolescent.
• Other Measures:
  • Bonded Labour System (Abolition) Act 1976.
  • SC/ST (Prevention of Atrocities) Act 1989.
  • Juvenile Justice (Care and Protection of Children) Act 2015.
• International Conventions:
  • India has ratified the Minimum Age Convention (No.138) and Worst forms of Child Labour Convention (No.182) of ILO.
  • United Nations Convention on the Rights of the Child (UNCRC) Article 32 (Child Labour): The government should protect children from dangerous work harmful to health and business which is unsafe and unsuited for their development (physical, mental, spiritual, moral and social).

National Child Labour Project (NCLP) Scheme

• It is a Central Sector Scheme under the Ministry of Labour and Employment (MoL&E).
• In 2016, it was merged with the Samagara Shiksha Abhiyan (SSA) Scheme (MoE).

Objectives

• To eliminate all forms of child labour.
• To identify and withdraw all adolescent workers from Hazardous Occupations.
• To create awareness amongst stakeholders, target communities, etc., on child labour issues.
• To create a monitoring, tracking and reporting system against Child Labour.

Target Groups

• All child workers below 14 years of age in the identified target area.
• Adolescent workers below 18 years of age and engaged in hazardous work.
• Families of Child workers in the recognised target area.

Mandate

• Children aged 5-8 years must be mainstreamed into the formal educational system through the Samagra Shiksha Abhiyaan.
• Children aged 9-14 years must be withdrawn from work and put into NCLP Special Training Centers (STCs) to prepare them for the formal education system.
• Adolescent workers below the age of 18 years in the target area engaged in hazardous occupations are withdrawn from work and provided skills through existing schemes for skill development.

Project Implementation

• District Project Societies (DPS) are set up at the district level under the Chairmanship of the District Magistrate for the implementation of the project.

Funding pattern

• GoI provides 100% of the funding.
• Funds are released directly to the registered NCLP District Project Society.

PENCIL (Platform for Effective Enforcement for No Child Labour) Portal

• It is an electronic platform launched in 2017 for the effective implementation of the NCLP scheme and to establish a child labour-free nation.
• It connects the central government to the state government, district administration, civil society and the general public to achieve the target of a child labour-free society.
• It provides a platform for all to raise a complaint against child labour.

National Commission for Protection of Child Rights

• It is a statutory body established under the Commission for Protection of Child Rights Act, 2005.
• It is responsible for the protection and promotion of the rights of children, including monitoring the implementation of child-specific laws, such as:
  1. Right to Education (RTE), 2009
  2. Protection of Children from Sexual Offences (POCSO), 2012
  3. Juvenile Justice Act, 2015

Functions

• Examine and review existing safeguards for the protection of child rights and recommend measures for their effective implementation.
• Investigate violations of child rights and recommend legal proceedings in appropriate cases.