Child Labour in India. Role of Trade Unions
Child Labour in India. Role of Trade Unions
What
is child labour
Considerable
differences exist between the many kinds of work children do. Some are
difficult and demanding, others are more hazardous and even morally
reprehensible. Children carry out a very wide range of tasks and activities
when they work.
Not
all work done by children should be classified as child labour that is to be
targeted for elimination. Children’s or adolescents’ participation in work that
does not affect their health and personal development or interfere with their schooling
is generally regarded as being something positive. This includes activities
such as helping their parents around the home, assisting in a family business
or earning pocket money outside school hours and during school holidays. These
kinds of activities contribute to children’s development and to the welfare of
their families; they provide them with skills and experience, and help to
prepare them to be productive members of society during their adult life.
The
term “child labour” is often defined as work that deprives children of their
childhood, their potential and their dignity, and that is harmful to physical
and mental development. It refers to work that: is mentally, physically,
socially or morally dangerous and harmful to children; and interferes with
their schooling by: depriving them of the opportunity to attend school;
obliging them to leave school prematurely; or requiring them to attempt to
combine school attendance with excessively long and heavy work.
In
its most extreme forms, child labour involves children being enslaved,
separated from their families, exposed to serious hazards and illnesses and/or
left to fend for themselves on the streets of large cities – often at a very
early age. Whether or not particular forms of “work” can be called “child
labour” depends on the child’s age, the type and hours of work performed, the
conditions under which it is performed and the objectives pursued by individual
countries. The answer varies from country to country, as well as among sectors
within countries.[1]
The problem of child labour is
global phenomenon, even today it is not confined to the Third World Countries.
It is more or less prevalent everywhere in the world, the difference, if any is
only of degree or kind. In every country, irrespective of its economic system,
children are working in one form or the other. But it is only recently that the
world has begun to recognise it as a burning problem warranting international
attention. Undoubtedly this increased attention is due to the fact that child
labour often has serious social, moral, economic and demographic implications
for children, households, societies and the world. For eliminating or reduction
of child labour, national as well as international movement has to be building
up.[2]
It
is a universally recognised fact that children are the blooming flowers in the
garden of society. They are the most valuable assets of the nation and their
importance in nation building process cannot be undermined. Children of today
are the potential citizens of tomorrow. The quality of life they enjoy today
would ultimately determine the quality of future population of the nation. A
study team of social welfare has rightly stated: The importance of child
welfare services lies in the consideration that the personality of man is built
up in the formative years, and the physical and mental health of the nation is
determined largely by the manner in which it is shaped in the early stages.[3]
The Second National Commission on
labour in India (2001) also notes that children are the future of the society
and economy; and every child should have the opportunity to develop his or her
skills and potential to participate both as a citizen and as a worker.[4]
Child
labour is not new in India. In Arthashastra, Kautilya prohibited the trade of
children as children were in his time being purchased -and converted to slaves
among some groups of people. In the medieval period, they worked as adults of
the parents in the field, but now they work as the representatives of the
parents in the workshop, Not only in India but also in many parts of the world,
including some industrial countries, the social evils of child labour were
evident during the early days of industrialisation.[5]
Although
child labour is a worldwide problem. It is rather acute in India. In India the
size of child labour force is not only large but it has been increasing from
year to year. According to Labour Commission Report (2001), the number of
working children is more than 100 million in India.10 But the recent 61st Round
of the National Sample Survey (NSSO) estimates that the child labour in the
country is around 9.07 million in 2004-05.11 Thus, the estimates of total
number of child labour vary widely in India. According to Census 2001, Uttar
Pradesh has the highest (19.2 lakh) child labour followed by Andhra Pradesh.
(13.7 lakh), Rajasthan (12.6 lakh) Bihar (11.2 lakh), Madhya Pradesh (0.6 lakh)
and Punjab (1.1 lakh). In Punjab, out of 1.10 lakh child workers, 0.79 lakh and
0.311akh child workers work in rural and urban areas respectively. Although in
Punjab the magnitude of child labour is relatively less as compared to other
states but still it is quite large.[6]
As
per Census (2011), 12.19 lakh children are working in hazardous occupations,
out of which 2.52 lakh work in pan, bidi and cigarettes industry, 1.85 lakh
work as domestic workers, 0.851akh work in brick-kilns, tiles and 0.711akh work
on dhabas/restaurants/ hotels etc.[8]
The
Union Government has also enacted. The Child Labour (Prohibition and
Regulation) Act, 1986 Right to Education Act, 2009 on October 10, 2006
prohibiting employment of children as domestic servants or servants in hotels
and restaurants or in other recreational centres. The Government warned that
anyone employing children in this category would be liable to prosecution and
other penal action under the act.[9]
Not
only in India but also in Punjab, a large Number of children are employed in
formal sector. They are mainly employed in carpet industries, sports goods
industries, paper looms, fireworks at road side dhabazs and gardens etc.
Children are also employed in such works as car washing, shoe shining and
selling newspaper. More over India has one of the largest numbers of street
children. For their survival, they collect rages, work as collies, hawkers or
even as scavengers on rubbish dumps. In hazardous units, they are subject to
immense exploitation.[10]
Even
supply of child labour increases the unemployment in adults; the demand of
child labour is high. The reason is employers also want the children. It’s easy
to handle the child in the factory.
They
do not create discipline problem and another factor is the children have nimble
fingers. The children can more than the adults and the children only get one
third or half of wages which adults get.[11]
Article
24 states, “No child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous employment”.
The
constitution of India in its Directive Principles of state Policy in Article 39
(e) and (f) ledged that (e0 the health and strength of workers, men and women,
and the tender age of children are not abused and that (f) children are given
opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment . Article 45 states
that, “ state shall endeavor to provide, within a period of ten years from the
commencement of this Constitution, free
and compulsory education for all children until they complete the age of
fourteen years”. The policy of the government is ban employment of children
below the age of 14 years in factories, mines and hazardous employments and
regulates the working conditions of children in other employments.
The
Union Government has also enacted.The child LAbour (Prohibtion and Regulation)
Act, 1986 Right to Education Act, 2009 on October 10, 2006 prohibiting
employment of children as domestic servants in hotels and restaurants or in
other recreational centres. The Government warned that anyone employing
children in this category would be liable to prosecution and other penal action
under the act.[12]
Role of Trade Unions to fighting against Child
Labour
Trade
Unions are human rights organisations because worker’s rights are human rights.
They have fought for the rights of workers since their foundation. There are a
number of form of action against child labour which only trade unions can
undertake because of their specific and unique role . Trade Unions should not
begin work on child labour in an ad hoc manner, but develop first a policy, and
build a plan based on the policy.
Child
Labour is also a trade union’s issue. Research describes action already being
taken in a range of industries and regions to tight child labour, and joint
initiatives with other organiZations. Research focuses on the opportunities
for trade unions to take action in their own industry or locality. These range
from raising awareness among fellow workers, to specifying conditions in
collective bargaining agreements or codes of conduct, and to lobbying for
relevant legislation. Trade unions are involved in the fight against child
labour, working as individual unions, with national trade union centers and
international trade secretariats, or with the support of international
confederations. Trade unions are also closely involved in inter-agency
cooperation. They are among the key players in every country where ILO-IPEC
supports activities to eradicate child labour in which workers organizations
are represented. A distinct contribution of trade union is their quick
dissemination of ideas within a country, through the extensive networks that
they have established. Trade unions are involved at strategic and practical
levels of operation by strengthening trade union organizations in combating
child labour, carrying out surveys on child labour, raising awareness and
taking direct action to prevent child labour and withdraw children from work in
workplace and communities.
The
All India Trade Union Council mobilized their members against child labour in
slate mining in Markapur, Andhra Pradesh. The slate mines in Markapur were 30
feet deep and children working in them were mostly under 12. Women and children
in the slate mines were getting the same wages. Labour laws were flouted and safety
measures were non-existent. We were horrified by the scenes in Markapur,
especially the sight of little once climbing down deep mines with trembling
feet. A visit to Markapur sensitized our workers more than all our workshops.[13]
Other
clauses, as in the coffee plantation agreement, state that there shall be equal
remuneration for men, women and minor workers above 14 years. Other agreements
include educational provision for the children of workers. The collective
agreement for cane plantation workers in Pernambuco provide that employers
engaging more than 50 workers must guarantee free primary schooling for the
children of their workers, unless there is a school within one kilometer of the
workplace.
The
economic implications of replacing child labour with adult labour examined in
the carpet and glass industries by the Centre for Organizational Research and
Training, Baroda, India, in cooperation with the ILO’s Employment Department.
The results were presented at a workshpop for the Government, trade unions,
employer organizations and NGOs. This data showed that the cost ogf replacing
child labour with adult labour was not very great, and that some successful
carpet manufacturers were able to run their business without child labour.
The
same finding was Mde in the gemstone industry in India, where children work
under hazardous conditions. Again, child products goods of medium quality and
adults are needed for the best work. In Moradabad, Utter Pradesh, trade unions
undertook a study on child labour in brassware production.
According
to Z.M. Naqvi, lawer ans local AITUC leader in Moradabad:- “Our survey found
that in and around Moradabad, there are 22,000 children under 14 who work the
age of 5 or 6. Many of the poor parents earnestly wish to send their children
to school but poverty and a general lack of sccholl prevents them from doing
so. Trade unions have come forward to combat child labour. I know our
limitations inghting this serious problem. We are trying to help set up
non-formal school for working children.” formal education s
The
South Indian Chamber of Commerce and industry in India has worked with trade
unions to reduce child labour in the stainless steel industry.This is also
helping to develop trade unions and improve the conditions for all workers.
Guriqbal Singh
[2]
Tapan
Kumar Shandhilya, Nayan Kumar and Navin Kumar, Child Lahour Eradication,
Problem, Awareness, Measures, Deep and Deep Publications Pvt. Ltd., New
Delhi, 2006, p. vii.
[3] Arshad
Ahmad, Child Lahour in India – A Politico-Legal Study, Kalpaz
Publications, Delhi, 2004, p. 21.
[4]
Neera Burra, “Crusading for Children in India’s Informal Economy”, Economic
and Political Weekly, December 3, 2005, p. 4835. 5 P. Anandharaja Kumar, Female Child Labour, APH
Publishing Corporation, New Delhi, 2004, p. 50.
[6] Census of India, Registrar General and
Census Commissioner of India, Government of India, New Delhi, 2011.
[8]
Census of India 2001, n. 12.
[9]
Government of India, Employment of Children in Domestic Servants and in
Dhabhas Banned from October, Press Information Bureau, Government of India,
August 1, 2006.
[10]
T.K. Rajalakshmi,”Children as workers connections Call for Compulsory Primary
Education”, Frontline, Vol. 14, No.
17, Delhi, 2000, p. 113
[11]
Myron Winer, Neera Burra and Asha Bajpai, Born Unfree : Child Labour and the State in India, Oxford University Press, New
Delhi, 2006
[12] Government of India, Employment of Children in domestic Servents in Dhabhas Banned from
October, Press Information Bureau, Government of India, August 1, 2006
[13]
http;//collections.infocollections.org/ukedu/en/ed/jh2393e/8.3.3.html
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