This year, the theme of World Day Against Child Labour is ‘Act Now: End Child Labour‘.
In 1883, Samuel Gompers led the New York labor movement to successfully sponsor legislation prohibiting cigar-making in tenements, where thousands of young children worked in the trade. The first organizational efforts to establish a national child labor reform organization began in the South.
The International Labour Organisation (ILO) defines child labour a work that is mentally ,physically, socially or morally dangerous and harmful to children; and inferences with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school permanently; or requiring them to attempt to combine school attendance with excessively long and heavy work.
The principle of the effective abolition of child labour means ensuring that every girl and boy has the opportunity to develop physically and mentally to her or his full potential. Its aim is to stop all work by children that jeopardises their education and development.
The fundamental rights of child as survival, education, protection and development are grossly violated by child labor. The root cause of child labor is extreme poverty which forces the parents to employ their children for some extra money for daily living.
Child labour can result in extreme bodily and mental harm, and even death. It can lead to slavery and sexual or economic exploitation. And in nearly every case, it cuts children off from schooling and health care, restricting their fundamental rights and threatening their futures.
The most sweeping federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). Child labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety.
India’s Census 2001 office, defines child labour as participation of a child less than 17 years of age in any economically productive activity with or without compensation, wages or profit. Such participation could be physical or mental or both.
Government of India had initiated the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in 12 Child Labour endemic districts of the country. Objective of the Scheme: ➢ This is the major Central Sector Scheme for the rehabilitation of Child Labour.
What is the punishment:
for employing children in violation of the law? Any person who employs a child below 14 or a child between 14 and 18 in a hazardous occupation or process can be punished with jail time of between six months and two years and/or fine between Rs. 20,000 and Rs. 50,000.
152 million children worldwide are victims of child labor; 88 million are boys and 64 million are girls. Girls who leave school early do so disproportionately to undertake responsibility for chores within their own homes, while boys are more likely to leave school prematurely in order to join the labor force. [1]
The theme of this year’s World Day Against Child Labour is the action done in preparation for the 2021 International Year for the Elimination of Child Labour. It is the first World Day since the global approval of the International Labour Organization’s Convention No. 182 on the Worst Forms of Child Labour. This comes at a moment when the COVID-19 crisis is threatening to undo years of effort in addressing the issue. For this year’s World Day, a “Week of Action” will be promoted from June 12, beginning with the release of fresh worldwide figures on child labour.
There are around 152 million children worldwide who work are engaged in child labour 72 millions of them labour in dangerous conditions ,as per ILO. Every year on June12,about 100 nations throughout the word mark the Word Day Agint Child Labour.
The International Labour Organization (ILO), the United Nations body that regulates the global community of work, established the World Day Against Child Labour in 2002. It guarantees a normal childhood for the many children aged 5 to 17 by supplying them with appropriate education, suitable medical services, leisure time, or simply fundamental liberties.
June 12 is designated as World Day Against Child Labour to draw awareness to the international issue of child labour and to develop solutions to end it. The day is observed to raise knowledge about the negative mental and physical concerns that children who are pushed into child labour endure across the world. The day also serves as a chance for individuals to create effective tools to tackle the causes that contribute to child labour.
The COVID-19 crisis has brought additional poverty to these already vulnerable populations and may reverse years of progress in the fight against child labour. School closures have aggravated the situation and many millions of children are working to contribute to the family income. The pandemic has also made women, men and children more vulnerable to exploitation.
“There is no place for child labour in society,” said ILO Director-General, Guy Ryder. “It robs children of their future and keeps families in poverty. This International Year is an opportunity for governments to step up and achieve Target 8.7 of the Sustainable Development Goals by taking concrete actions to eliminate child labour for good. With COVID-19 threatening to reverse years of progress, we need to deliver on promises now more than ever.”
The two fundamental ILO Conventions concerning the elimination of child labour, the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182) as have been ratified by the Government of India and the ‘Central sector Scheme for Rehabilitation of Bonded Labourer, 2016‘ towards financial assistance for rehabilitation of a rescued bonded labourer –
As India ratifies both fundamental ILO Conventions on Child Labour(138 and 182) and has also enacted “ Bonded Labour System(Abolition )Act,1976” and also brought the ‘Central sector Scheme for Rehabilitation of Bonded Labourer, 2016‘ towards financial assistance for rehabilitation of a rescued bonded labourer.
Convention on worst forms of child labour receives universal ratification. All 187 countries that are members of the UN International Labour Organization (ILO) have now ratified a convention to protect children from the worst forms of child labour, including slavery, prostitution and trafficking.
This year’s World Day Against Child Labour focuses on action taken for the 2021 International Year for the Elimination of Child Labour on the Worst Forms of Child Labour, and takes place at time when the COVID-19 crisis threatens to reverse years of progress in tackling the problem.
Historic move confirms India’s “commitment to a child labour free society”. Ratification means that almost all children in the world are covered by Convention No. 182, while coverage of Convention No. 138 jumps from 60 per cent of the world’s children to 80 per cent.
On 13 June 2017, the Government of India deposited with the International Labour Office the instruments of ratification of the two fundamental ILO Conventions concerning the elimination of child labour, the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182) .
India is the 170th ILO member State to ratify Convention No.138, which requires States party to set a minimum age under which no one shall be admitted to employment or work in any occupation, except for light work and artistic performances.
The second most populous country in the world is the 181st member State to ratify Convention No. 182. The latter calls for the prohibition and elimination of the worst forms of child labour, including slavery, forced labour and trafficking; the use of children in armed conflict; the use of a child for prostitution, pornography and in illicit activities (such as drug trafficking); and hazardous work.
The amendment to the Child Labour (Prohibition and Regulation) Act, 1986 , which came into effect on 1st September 2016. This amendment now completely prohibits employment or work of children below 14 years in any occupation or process and also prohibits the employment of adolescents (14 to 18 years) in hazardous occupations and processes.
In addition, the Child Labour (Prohibition and Regulation) Central Rules, as recently amended, for the first time provide for a broad and specific framework for the prevention, prohibition, rescue and rehabilitation of child and adolescent workers.
Another prominent measure taken recently to meet the objective of a child labour free society is the strengthening of the National Child Labour project, which is a rehabilitative scheme providing bridge education and vocational training to adolescents.
“The momentum of the recent initiatives taken to eradicate child labour has to be maintained as elimination of child labour is also crucial for the attainment of Sustainable Development Goals by 2030 ,” he concluded.
India’s ratification confirms the status of Convention No. 182 as the most rapidly ratified ILO Convention.
“Universal ratification is within reach: as of today, only six member States remain to ratify this fundamental Convention. This reflects the overwhelming global consensus, as re-affirmed by the adoption of the sustainable development goals, and more particularly Goal 8-Target 8.7 (Sustainable Development Goal 8: Promote Inclusive and Sustainable Economic Growth, Employment and Decent Work For All), which aims at the complete eradication of child labour by 2025 and calls for immediate action to prohibit and eliminate its worst forms,” the head of the ILO
Sub-Saharan Africa is the region where child labour is most prevalent, and also the region where progress has been slowest and least consistent.aid.
Impact of Covid-19
One of the most jarring effects of Covid-19 is the loss of jobs across the world. In India, Covid-19 is said to have left 120 million without employment as of May 2020. Many of these job cuts have happened to the more marginalised communities without adequate social security nets, like migrant labourers. According to the World Bank, in India, 12 million people have a chance of slipping below the poverty line due to pandemic-related job losses. Poverty is correlated to child labour; previous research has indicated that one percentage point increase in poverty leads to about 0.7 percent percentage point increase in child labour. Studies have also concluded that there is a general trend of an increase in child labour and a decrease in children going to schools during prolonged periods of crisis. Furthermore, previous financial vulnerability push parents to send their children to work, as seen in India, and this pattern exists even in other developing countries like Guatemala and Tanzania. The sharp increase in child labour during the pandemic, especially in northern India is also evident from the increase in the number of calls to helplines.
One of the ways in which the Indian government provided incentives for children to go to school was by implementing the midday meal scheme in government schools since 1995. During the lockdown government had asked states to make sure that meals were delivered to students.
Moreover, when schools eventually resume, many may not have enough money to send their children back. As a result of this, and the loss of jobs of their parents, children may have to continue working for the family’s survival. The NGO Child Rights and You (CRY) has pointed out that many children may even prefer to work and earn money to support their families through this crisis rather than go to school. One of the ways in which the Indian government provided incentives for children to go to school was by implementing the midday meal scheme in government schools since 1995. During the lockdown government had asked states to make sure that meals were delivered to students. Many states like Kerala and West Bengal opted to distribute raw materials and dry rations through the Anganwadi workers. However, there are reports of some states not serving midday meals to children. A survey conducted by Save the Children in June 2020 in 15 states in India, revealed that out of the sample of 7,235 families, two-fifths of the families did not receive midday meals-related compensation for their children. The failure of some of the states to adequately distribute meals has driven many children to be work as rag pickers during the lockdown to earn money to eat food.
With the return of migrant labourers to their rural communities, household poverty as a result of lack of income and remittances will also contribute to a rise in child labour. The exodus of the migrants has also led to a huge shortage of labour in the cities. The fundamental drivers of the economy including agricultural, automobile and construction sectors, and warehouses, which rely predominantly on migrants labourers, are the worst affected. Additionally, the FMCG sector and e-commerce businesses are also struggling to produce and deliver goods due to the shortage of labour. To mitigate the adverse effect of this, and to alleviate some of the effects of the economic slump, there have been changes made in some of the labour laws. States like Haryana, Gujarat, and Rajasthan, to name a few, have diluted their labour laws since the beginning of the pandemic. These include increased work hours, reducing social protection clauses that relate to the safety of employees, and doing away with certain inspection apparatuses. Civil society organisations like CARE, Save the Children, Oxfam India have come together to request the government to relook at the new legislation made by the government regarding these changes. While reviving the economy is very important and it should be a vital part of the government’s agenda, these changes in labour laws could have adverse effects on certain populations. For example, curtailment of the period site inspections may lead to a rampant rise in child labour. Since child labour is cheap and “cost-effective” — many employers may exploit these changes to hire children as they have lower bargaining power and are mostly unable to press for their rights. As per a survey undertaken by the ILO in 2007 in the northern regions of India, the wage differences between employing a child versus employing an adult varied significantly. While an adult was paid Rs. 95 whereas a child was paid only Rs. 43 for the same work, the survey revealed.
While reviving the economy is very important and it should be a vital part of the government’s agenda, these changes in labour laws could have adverse effects on certain populations.
Conclusion
Statistics show that child labour in India is likely to increase post-pandemic. In a conference with the labour ministry, the director of ILO Dagmar Walter stressed that India has to provide basic social security that guarantees children’s protection. Labour minister Santosh Gangwar agreed that there is a possibility of more children engaging in child labour due to the loss of jobs during the pandemic.
Poverty is the root cause of child labour, which, despite being a priority for a succession of Indian governments, is yet to be eradicated. States and districts that employ high child labour must especially be monitored in the post-pandemic era. The implementation of various social security schemes will have to be stepped up and corruption in their rollout dealt with firmly to ensure income/rations for households so that children will not be forced to work. Above all, it is essential to remember that child labour leads to illiteracy and reinforces poverty and should be treated as a basic human rights issue. [2]
By – C P Audichya,
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