Child Labour: Causes, Impact & Associated Challenges

• A recent report by  Centre for Legal Action and Behaviour Change (C-LAB), in partnership with the Just Rights for Children (JRC) network , highlights both progress and persistent gaps in tackling child labour in India.

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.

Definition of 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.

Child Labour in India: Status

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Constitutional Provisions For Child Upliftment

• 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(e): Protects children from exploitation.
• Article 39(f): Ensures children’s development with dignity and freedom.
• 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.

Causes of Child Labour

• Poverty: Poor parents, devoid of any social protection net, consider child labour as a means to supplement their family income, forcing children to work for meagre wages and working beyond their physical and mental capacity.
• Faulty education sector: Lack of adequate facilities, infrastructure & teachers in schools and mounting cost of quality education leads to unaffordability for poor families leading to increasing dropouts, further forcing children, especially girls, to engage in work.
• Rising informalization of the workforce exploits the cheap labour offered by children, insulated from labour regulations. E.g. in the agriculture sector, beedi-rolling, carpet industry, mining sector, etc.
• Administrative failure: Outdated data on child labour, ineffective implementation of law, weak institutions, apathetic/untrained enforcement officers etc.
• Loopholes in the act that allow children to work under certain conditions e.g. in the entertainment industry, family enterprises, etc.

Impact of Child Labour

• Perpetuate the intergenerational cycle of poverty by preventing children from gaining the skills required for decent work, leading to reduced human capital accumulation and loss to the economy.
• Violation of Child’s FRs: It deprives them of education, exposes them to hazardous working conditions, and denies them the right to enjoy their childhood.
• Social injustice: Often children from disadvantaged backgrounds and marginalized groups work as child labourers.
• Forces gender inequality: Child labour disproportionately affects girls, who are often involved in domestic work and forced into early marriages.
• Negative impacts on child health: E.g. In the mining industry, children are exposed to toxic substances and dangerous machinery, which can cause serious health problems.
• Ethical concerns: Emotional neglect deprives children of family love and affection, resulting in loneliness, and hopelessness.
• Negative Impacts on Child Health: Eg- In the mining industry, children are exposed to toxic substances and dangerous machinery, which can cause serious health problems.
• Weakens Social Progress: Hampers advancements in education, health, and quality of life.

Challenges in Combating Child Labour

• Economic Pressure: Economic hardship forces families to depend on children’s income, especially in rural and informal sectors.
• Enforcement-Rescue Mismatch: States like Uttar Pradesh and Madhya Pradesh report high rescue numbers but low arrests, indicating weak legal follow-up and poor enforcement of child labour laws.
• Gap in Accountability: Persistently low arrest rates in high-rescue states reveal a lack of accountability mechanisms for enforcement agencies and local authorities.
• Migration and Trafficking: Migrant children often fall through the cracks due to lack of documentation, making them highly vulnerable to exploitation and trafficking.

Judicial Verdicts on Child Labour

• M.C. Mehta v. State of Tamil Nadu (1996): SC ordered the prohibition of child labour in hazardous industries and directed the government to rehabilitate affected children.
• Bachpan Bachao Andolan v. Union of India (2011): Emphasized stricter enforcement of child labour laws and directed states to rescue and rehabilitate child labourers.
• People’s Union for Democratic Rights v. Union of India (1982): Employment of children in construction work violates fundamental rights.
• Sanjit Roy v. State of Rajasthan (1983): The Court ruled that child labour under exploitative conditions violates human dignity and constitutional rights.

Government Initiatives for Child Labour in India

• National Child Labour Project (NCLP): Provides education, vocational training, and rehabilitation for rescued children; now integrated with Samagra Shiksha Abhiyan.
• National Policy on Child Labour (1987): Focuses gradual elimination & rehabilitation of child workers.
• PENCIL Portal: Digital platform for tracking, monitoring, and reporting child labour cases, linking government, NGOs, and public participation.
• Mid-Day Meal Scheme: Encourages school attendance and reduces economic pressure, benefiting over 53,000 rescued children.
• SAFAL: Supports action against child labour through law enforcement and community monitoring.
• Integrated Child Protection Scheme (ICPS): Offers protection, rescue, and rehabilitation for children at risk of exploitation.

Other Measures

• Factories Act, 1948: It prohibits the employment of children below the age of 14 in factories.
• The Mines Act, 1952: It prohibits the employment of children below the age of 18 years in mines.
• Right To Education Act, 2009: It provides free, compulsory education to all children aged 6 to 14.

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International Frameworks

• ILO Conventions: Convention No. 138 sets minimum working age; Convention No. 182 calls for eliminating the worst forms of child labour.
• Sustainable Development Goals (SDGs): Target 8.7 aims to eradicate forced labour and child labour in all forms by 2025.
• United Nations Convention on the Rights of the Child (UNCRC) sets out children’s civil, political, economic, social, health and cultural rights.

Way Forward

• Legal Enforcement: Treat child labour as a serious cognizable offence with fast-track courts for timely prosecution.
• National Mission: Launch a district-level mission integrated with education, skill development, and social protection schemes.
• Rehabilitation Fund: Provide rescued children with financial support for education, nutrition, and skill training to prevent relapse.
• Education & Skills: Ensure free education up to 18 years and offer bridge courses and vocational training for adolescents.
• Policy Reforms: Enforce zero-tolerance in government procurement, state-specific policies, and align with SDG 8.7 by 2030.

Children embody the soul of society, and their protection is a sacred trust. Eradicating child labour through education, rehabilitation, and economic support aligns with SDG 8.7, ensuring every child’s right to dignity, learning, and a safe childhood.

Reference: Indian Express

PMF IAS Pathfinder for Mains – Question 381

Q. Despite the Child Labour (Prohibition and Regulation) Act, 1986, and the Right to Education Act, 2009, child labour persists in India. Analyse the socio-economic factors responsible and suggest policy measures for their eradication. (150 Words) (10 Marks)

Approach

• Introduction: Write a brief introduction about child labour in India and mention current data.
• Body: Analyse the socio-economic factors responsible for child labour in India and suggest the policy measures.
• Conclusion: Emphasis on a multi-pronged approach to provide a dignified life to children.