CHILD LABOUR LAW IN INDIA

THE CHILD LABOUR IN INDIA


The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem.
Way back in 1979, Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children.
Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified hazardous occupations and processes and regulates the working conditions in others. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act.
In consonance with the above approach, a National Policy on Child Labour was formulated in 1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations & processes in the first instance. The Action Plan outlined in the Policy for tackling this problem is as follows:
1.Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non-hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children.

2.Focusing of General Developmental Programmes for Benefiting Child Labour - As poverty is the root cause of child labour, the action plan emphasizes the need to cover these children and their families also under various poverty alleviation and employment generation schemes of the Government.

3.Project Based Plan of Action envisages starting of projects in areas of high concentration of child labour. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages 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 per month, supplementary nutrition and regular health check ups so as to prepare them to join regular mainstream schools. Under the Scheme, funds are given to the District Collectors for running special schools for child labour. Most of these schools are run by the NGOs in the district.
Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families.
The coverage of the NCLP Scheme has increased from 12 districts in 1988 to 100 districts in the 9th Plan to 250 districts during the 10th Plan.
Strategy for the elimination of child labour under the 10th Plan
An evaluation of the Scheme was carried out by independent agencies in coordination with V. V. Giri National Labour Institute in 2001. Based on the recommendations of the evaluation and experience of implementing the scheme since 1988, the strategy for implementing the scheme during the 10th Plan was devised. It aimed at greater convergence with the other developmental schemes and bringing qualitative changes in the Scheme. Some of the salient points of the 10th Plan Strategy are as follows:
•Focused and reinforced action to eliminate child labour in the hazardous occupations by the end of the Plan period.
•Expansion of National Child Labour Projects to additional 150 districts.
•Linking the child labour elimination efforts with the Scheme of Sarva Shiksha Abhiyan of Ministry of Human Resource Development to ensure that children in the age group of 5-8 years get directly admitted to regular schools and that the older working children are mainstreamed to the formal education system through special schools functioning under the NCLP Scheme.
•Convergence with other Schemes of the Departments of Education, Rural Development, Health and Women and Child Development for the ultimate attainment of the objective in a time bound manner.
The Government and the Ministry of Labour & Employment in particular, are rather serious in their efforts to fight and succeed in this direction. The number of districts covered under the NCLP Scheme has been increased from 100 to 250, as mentioned above in this note. In addition, 21 districts have been covered under INDUS, a similar Scheme for rehabilitation of child labour in cooperation with US Department of Labour. Implementation of this Project was recently reviewed during the visit of Mr. Steven Law, Deputy Secretary of State, from the USA. For the Districts not covered under these two Schemes, Government is also providing funds directly to the NGOs under the Ministry’s Grants-in-aid Scheme for running Special Schools for rehabilitation of child labour, thereby providing for a greater role and cooperation of the civil society in combating this menace.
Elimination of child labour is the single largest programme in this Ministry’s activities. Apart from a major increase in the number of districts covered under the scheme, the priority of the Government in this direction is evident in the quantum jump in budgetary allocation during the 10th Plan. Government has allocated Rs. 602 crores for the Scheme during the 10th Plan, as against an expenditure of Rs. 178 crores in the 9th Plan. The resources set aside for combating this evil in the Ministry is around 50 per cent of its total annual budget.
The implementation of NCLP and INDUS Schemes is being closely monitored through periodical reports, frequent visits and meetings with the District and State Government officials. The Government’s commitment to achieve tangible results in this direction in a time bound manner is also evident from the fact that in the recent Regional Level Conferences of District Collectors held in Hyderabad, Pune, Mussoorie and Kolkata district-wise review of the Scheme was conducted at the level of Secretary. These Conferences provided an excellent opportunity to have one-to-one interaction with the Collectors, who play a pivotal role in the implementation of these Schemes in the District. Besides, these Conferences also helped in a big way in early operationalisation of Scheme in the newly selected 150 districts.
The Government is committed to eliminate child labour in all its forms and is moving in this direction in a targeted manner. The multipronged strategy being followed by the Government to achieve this objective also found its echo during the recent discussions held in the Parliament on the Private Member’s Bill tabled by Shri Iqbal Ahmed Saradgi. It was unanimously recognized therein that the problem of child labour, being inextricably linked with poverty and illiteracy, cannot be solved by legislation alone, and that a holistic, multipronged and concerted effort to tackle this problem will bring in the desired results.
The Gazette of India Extraordinary
Part II- Section 3- Sub-Section (ii)
Published by Authority
New Delhi, Monday, February 5, 1996/Magha 16, 1917

Ministry of Labour

Notification
New Delhi, the 5th February, 1996


S.O.104(5) - In exercise of the powers conferred by section 5 of the Child Labour (Prohibition & Regulation) Act, 1986, (61 of 1986) read with rule 3 of the Child Labour (Prohibition & Regulation) Rules, 1988, the Central Government hereby constitutes an advisory committee to be called the Child Labour Technical Advisory Committee consisting of the following members, namely:
1.Director, Indian Council of Medical Research, New Delhi Chairman
2.Additional Director General, Health Services, Government Member of India, New Delhi.
3.Director General, Factory Advice Service, Labour Member Institutes, Bombay
4.Director, National Institute of Occupational Health, Member Ahmedabad
5.Director, Industrial Toxicology Research Center, Member Lucknow
6.Director, Vallabh Bhai Patel Chest Institute, N.Delhi Member
7.Director, Paediatrics, All India Institute of Medical Member Sciences, New Delhi
8.Director, Medical Services, Tamil Nadu Member
9.Director, Medical Services, Uttar Pradesh Member
10.Joint Secretary Incharge of Child Labour Cell Member Ministry of Labour, New Delhi.
(F. No. S-27019/6/93/CD)

R.K. Saini, Jt Secy/Dir
General of Employment & Training

Child Labour Law in India

ANNEXURE V

Position on the Implementation of the Directions of the Supreme Court of India Writ Petition (Civil) No. 465/1986.
Extracts from the Affidavit of the Secretary to the Ministry of Labour, Government of India in the Supreme Court of India on December 4, 1997 on the action taken by the Government to implement the directions given by the Supreme Court on December 10, 1996)
In brief, the position regarding compliance of the directions of the Supreme Court of India as contained in the judgement of December 10, 1996 is as under:
The first phase of survey has been completed in all the State Governments and Union Territories except in the State of Nagaland.
Most of the State Governments had appointed Inspectors under Section 17 of the Child Labour (Prohibition & Regulation) Act 1986 and wherever it was considered necessary, officers from other Departments were also mobilised, pooled and notified as such so that the directions of the Hon’ble Court could be fully complied with.
On the basis of the information received so far, it is seen that in the State Governments and Union Territory Administrations of Andhra Pradesh, Goa, Harayana, Karnataka, Kerala, Madhya Predesh, Maharashtra, Orissa, Punjab, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal recovery notices have already been issued to the offending employers for collection of compensation amounting @Rs.20,000 per child employed in contravention of the provisions of the Act. The State Governments and Union Territories Administrations of Andaman and Nicobar Island, Dadra and Nagar Haveli, Chandigarh, Daman & Diu, Lakshadweep, Mizoram, Pondicherry and Sikkim have reported that it is not necessary to issue such notices as no child labour has been found to have been employed in hazardous occupations. Recovery notices in the State of Meghalaya are in the process of being served.
The State Governments, where employment of child labour in hazardous occupations has been found, have already initiated necessary action for the constitution of the Child Labour Rehabilitation-cum-Welfare Funds at the district level in accordance with the guidelines circulated by the Ministry of Labour. While in some districts, funds have already been constituted, in others the process is underway.
According to information received so far, the amount of compensation received from the offending employers has been as under:
oAndhra Pradesh Rs. 40,000
(ii) Haryana Rs. 80,000
(iii) Karnataka Rs. 60,000
(iv) Madhya Pradesh Rs. 20,000
(v) Maharashtra Rs.200,000
(vi) Orissa Rs.100,000
(vii) Punjab Rs.120,000
(viii) West Bengal Rs. 80,000


State Governments and Union Territory Administrations of Andhra Pradesh, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Goa, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Mizoram, Orissa, Pondicherry, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal have reported that separate Labour Cells have been constituted in the State Governments for ensuring enforcement of the various provisions of the Act and /or monitoring the activities taken up in compliance with the directions of the Hon’ble Court.
Most of the State Governments and Union Territories which have replied to the questionnaire and where employment of children in hazardous occupations has been found, have reported that besides taking action for collection of compensation @ Rs.20,000 per child employed by the offending employer, penal action has also been initiated against the employer. In the State of Orissa such action is under process, while in the State of Meghalaya and Tamil Nadu, no such action is reported to have been initiated.
The information asked for in the questionnaire is still awaited from the State Governments and Union Territories Administrations of Arunachal Pradesh, Assam, Bihar, Delhi, Gujarat, Himachal Pradesh, J&K, Nagaland and Rajasthan and would be furnished before the Supreme Court in the form of additional affidavit, when received. They have been demi-officially reminded on November 7, 1997 and again on December 3, 1997 to send their responses without delay.
That besides taking action to comply with the directions of the Supreme Court, as contained in the aforesaid judgement, the Central Government has also initiated action to amend the Child Labour (Prohibition and Regulation) Act of 1986 to make it more stringent and effective, on the basis of suggestions received from the State Governments. Necessary amendment proposal are being actively considered by the Government of India.
That besides initiating action to amend the Child Labour (Prohibition and Regulation) Act 1986, Government of India has also identified a number of new occupations and processes such as gem cutting & polishing, zari making, leather goods manufacturing, agarbatti manufacturing, lock making, sports goods manufacturing etc to mention a few, for inclusion in the Schedule to the Act so that employment in these additional occupations and process could be prohibited under Section 3 of the Act instead of being regulated.
That during the course of discussions with the representatives of ILO, it was revealed that the ILO could consider funding a second survey. Accordingly, a proposal for seeking financial assistance for conducting the survey has been sent to the International Labour Organization in Geneva. In the event of financial assistance from ILO not being available, funds for conducting the survey would be obtained from overall budgetary allocation, subject to the approval of Ministry of Finance.
That the Hon’ble Court would very kindly appreciate that the task relating to withdrawal of children from hazardous occupations and their rehabilitation, which is difficult and sensitive, cannot be the work of one single Ministry or Department or Agency. Instead it is the task of all concerned Ministries/Departments in the Central and State Governments, Central Employers’ & Trade Union Organizations, NGOs. etc. That this Hon’ble Court would also kindly appreciate that this age-old social evil cannot be eradicated by one single stroke. For grappling with and overcoming the problem of child labour in the country, which is of a formidable dimension, sustained efforts on the part of each one and everyone who is directly or indirectly concerned in the matter would need to be taken. During the last two years, the Central Government has started the National Child Labour Projects in 64 additional child labour endemic districts (taking the total number of projects to 76) and at present 105000 children are enrolled in the special schools which are being run under these projects. This respondent humbly submits that efforts would continue to be made at the Central and State level to give effect to the directions of this Hon’ble Court in letter and spirit with the ultimate objective of eliminating child labour in all its forms even though it may be somewhat difficult to precisely indicate a specific time frame by which child labour in all industries, occupations and processes can be eliminated lock, stock and barrel.
That, on the basis of the information contained in this affidavit, it is most humbly and respectfully prayed that this Hon’ble Court may be pleased to pass such orders and/or further directions as may be deemed fit and appropriate in the facts and circumstances of the case
Child Labour Law in India