Child Labour For PHD

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INTRODUCTION

The significance and importance of child lies that if there is no proper growth of

child today, future of country will be in dark.it is thus obligation of every

generation to bring up children who will be citizen of tomorrow in proper way.

every society must devote full attention to ensure that children properly cared for

and brought up in proper atmosphere.

Justice subba raosocial justice must begin with children and reality is that child

is bieng exploited by people who achieve their social ends and it is duty of state to

protect children by legistative and other means.

Child labour is voilations of human rights and considered to be a necessary evil in

poor economy in India.This hampers there

normal,physical,mental,moral,emotional and social growth.1

DEFINITION OF CHILD LABOUR

Child Labour- can be defined as segment of child poulation which participates in

work either paid or unpaid.

Hommer Folks Chairman Of United Nation Labour Committee defined

child labor as or any work of children that interferes with their full physical

deveolpment,their full physical development, their opportunities for desirable

level of education of their needed recreation.

Child labour is socio economic phenomenon arising out of poverty and lack of

development.The circumstances forces children to to work such as pecuniary

position of family.children development depends on socio economic development

of region.2

1. P.L Mehta ,Ss Jaiswal,Child Labour & Law 86(1996)2. Id At 286


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CONCEPT OF CHILD AGE UNDER CONSTITUTION AND INDIAN

LEGISLATIONS

Constitution article 24-prohibition of employment of children in factories or

mine or other hazarduous employment below 14 years.

Article 45Free compulsory education for children upto 6 to 14 years

Legislations In India

The Labour Act 1951child means person under age of 15 years.

The Merchant Shipping Act 1958

employment of children below 15 years assea man is prihibited.

The Motor Transport Workers Act 1961,Section 21- child under 15 years not

permitted to work in motor transport undertakings.

The Bidi And Cigar Workers Act 1966- Sec 24 no child below 14 years shall

be required or allowed to work in industrial premises.3

3.Babita Aggrawal, Child Labour 89(2008)


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CATAGORIES OF CHILD LABOUR

1. Carpet Weaving2.

Gem Polishing

3. Glass Bangle Making4. Bidi Making5. Match Sticks Making, Fire Works Making6. Rag Picking7. Construction Work8. Agriculture9. Domestic Work10.Pottery Works 4

4.Dipak Das,Child Labour In India 94 (2011)


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CLASSIFICATION OF CHILD LABOUR

1. Within The Family children engaged without pay in domestic works,household tasks,pastoral works,handicrafts works and cottage industries.

2. Outside The Homemigrant labour in agriculture work,construction work andinformal occupations eg.recycling of waste,laundry.unskilled occupations,

skilled trades, commercial works in shops and

rastaurants,prostitution,pornography.5

CAUSES FOR CHILD LABOUR

Povertypoverty force the children to do work and earn money. Socio Economic Parameters place of origin, caste ,religion and parental

occupations.

Lack Of Educational Facilities Children Leave Home due to ill-treatment by drunken father,relatives,step

mother

Caste System-dalits are employed in leather processing units,all scavengerswork done by dalits

Illiteracy- illiteracy is the main factor of child labour,illiterate parents notknow the values of education so they force children to work and earn money.

Cheap Labour Social Back Ground- caste, fathers occupation, and economic status of

family6

4)Dipak Das,Child Labour And Law94(2011)

5.ID AT 264

6.ID AT 166


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CHILD LABOUR AND HEALTH HAZARDS

Carpet Weaving-Asthma,Eye Strain,Retarted Growth,Spinal Problems Gem PolishingEye Strain,Stiffness Of Limbs,Stomach Cramps Bangle Making-Burns And Cuts ,Asthma,Bonchitis,Silicosis,Tuberculosis Rag PickingTetanus.Cuts,Skin Desease, Match Works And Fire Works Makings-Breathing

Problems,Burns,Dizziness,Stomach Cramps.

Constuction Works-Body Injuries,Stunted Growth Agriculture- Dizziness,Asthma, Domestic Works- Accidents,Cuts,Burns 7

7.The Tribune 2nd Oct 2012


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CHILD LABOUR WELFARE UNDER INDIAN CONSTITUTION

Child Labour Welfare Under Fundamental Rights

1. ARTICLE 14 Equality before law and equal protections to all personswithin territory of india.

2. ARTICLE 15-prohibits discriminations on ground of religion race ,caste,sex,class or place of birth

3. ARTICLE 15(3)-enables the state to make special provisions in its law forgiving favourable treatement to children and women.

4. ARTICLE 21- provides protection of life and personal liberty of peopleincluding children .RIGHT TO LIFE is to be with human dignity and values.

5. ARTICLE 23-prohibits traffic in human beings,beggars and other similarformsof forced labour and exploitation.

6. ARTICLE 24)- prohibits employment of children below the age of 14 yearsin factories, mines or hazarduous employments. 8

8.The Constitution Article 14-15-15(3) 21,23,24


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DIRECTIVE PRINCIPLES OF STATE POLICY

1. ARTICLE 39 (e)-obligations ofstate to safeguard the health of children andafford opportunity to grow with dignity.

2. ARTICLE 41obligates the state to make effective provisions RIGHT TOWORK,EDUCATION AND PUBLIC ASSISTANCE IN CERTAIN

CASES.

3. ARTICLE 42- requires state to makeprovisions for securing just and humaneconditions of work and and maternity relief.

4. ARTICLE 45-imposes a duty upon state to provide free and compulsoryeducation until the complete age of 14 years.

5. ARTICLE 46 state shall promote with special care, education andeconomic interest of weaker sections of people and protect from all forms of

exploitations.9

9.THE CONSTITUTION ARTICLE 39,41,42,45,46


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CHILD LABOUR WELFARE LEGISLATIONS

1. THE CHILDREN(PLEDGING OF LABOUR) ACT 1933-the main object ofthis act is to eradicate the evils arising from the pledging of labour of young

children by their parents employers in lieu of loans or advances.

2. EMPLOYMENT OF CHILDREN ACT 1938 the main object of this act is toprevent employment of children in hazarduous employments andcertain

catagories of unhealthy occupations.

3. THE FACTORY ACT 1948 states that children below 14years are totallyprohibited by this act from entering into employment in factory.

4. THE CHILD LABOUR (PROHITION AND REGULATIONS ACT)1986-THEact states prohibition the engagement of chidren in certain employments

and to regulate the conditions of works of children in certain other

employments below age of 14 years.

5. BIDI AND CIGAR WORKS ACT (CONDITIONS OF EMPLOYMENT)ACT1966-THE act provides that no child should br required or allowed to work in

industrial premises below 14 years and employment of children between 14 to

18 years is prohibited between 7 p.m to 6 am.


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NATIONAL HUMAN RIGHT COMMISSION WORKSHOP AND ANNUAL

REPORTS

NATIONAL WORKSHOP ON ELIMIINATION OF CHILD LABOUR ANDBONDED LABOUR SYSTEM-ON 27 JUNE 2007 at habitat centre under

chairman ship of justice rajendrababu and various guidelines were issued for

prevention of child labour.

NATIONAL HUMAN RIGHT COMMISSION ANNUAL REPORTS published every year for prevention of child labour.10

TIMES OF INDIA.NEWSPAPER REPORTS ON CHILD LABOUR

4 SEP.2013-A DELHI BASED BUSINESSMAN ARRESTED BYMUMBAI CENTRAL GRPF FOR HIRING 14 YEAR OLD GIRL FROM

DOMESTIC PLACEMENT AGENCY.

22 JULY 2013-MALKAL SAHAI ALONG WITH LABOURDEPARTMENT AND NON GON GOVT.ORGANIZATION RESCUED

14 CHILDREN EMPLYED IN BAG MAKING UNIT. 15 JULY 2013 GROUP OF NON GOVT.ORGANIZATION AND

LABOUR DEPARTMENT LAUNCHED CHILD LABOUR FREE CITY

DRIVE.

10. 27 JUNE 2007 NATIONAL HUMAN RIGHT COMMISSION REPORT


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JUDGEMENTS OF SUPREME COURT ON CHILD LABOUR

1. M.C MEHTA V/S STATE OF TAMIL NADU-AIR 1997 SC 699-issuedguidelines on elimination of child labour-1)withdrawn of children in

hazardous industries and ensuring education in appropriate institution.

Contribution of 20,000 per child to be paid by offending employers ofchildren to welfare fund in contravention of child labour(prohibition and

regulation )act 1986

Employment to one adult member of family of child so withdraw from work. Child labour will be offence under section 374 indian penal code

2. CHILD WELFARE COMMITTEE V/S G.N.C.T.D-WP(c)NO. 6830 0F2007 AND C.M 14015/2007-HONOURABLE COURT OBSERVED that

monitoring functioning of placement agencies would have to be undertakenon

for more rigorous scale to ensure that minors are not allowed to be employed

and placed in domestic household.

3. W.P (C) 9767 /2007-COURT OF ITS MOTION V/S GOVT.OF N.C.T HONOURABLE COURT held that today children constitute tomorrow .to

ensure bright future of our children we have to ensure that they are educatedand

steering committees are set up at state level and district level.11

4. PUNJAB AND HARYANA HIGH COURT P.I.L 2693 OF 2010-honourablecourt directed that there shall be total ban on employment upto age of 14 years

be it at hazarduous and non hazarduous industries.THERE should be no forced

labour between age of 14 years to 18 years 12

5. LABOURERS WORKING ON SALAL HYDRO PROJECT V/S STATEOF JAMMU AND KASHMIRheld thatchild below 14 years must not be

working in dangerous project where various deseases can attract them


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6. M.C MEHTA V/S STATE OF TAMIL NADU S.C 786 AIR 1998 ISSUEDvarious guide lines for prevention of child labour and protecting them from

exploitations at tht hand of rich employers. 13

INITIATIVES AGAINST CHILD LABOUR BY GOVT. AND NON

GOVT.ORGANISATIONS

IN 1979 the Indian govt. formed the gurupadswamy committee to find out about

child labour and means to tackle it .A national policy on child labour was

formulated in 1987 to focus on rehabilating children working in hazardous

occupations.the ministry of labour and employment had implemented around 100

industry specific national child labour projects to rehabilate the child workers since

1988.)

11. SC 699,AIR 1997, WP No.6830 Of 2007,WP(1) No 6830 Of 2007,WP 9767/200712. PB & HR High Court PIL 2693 Of 201013. SC 76 AIR 1998


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REHABILITATIONS PROGRAMMES-BY GOVT. ORGANISATIONS-

NATIONAL CHILD LABOUR PROJECTS PROGRAMMES

1.Non formal educations-evening classes,weekend schools for juveniles.2. Vocational training for children-for 10 years and above.3. Mobile health trains-visits child labour area in rural and cities.4.Night shelters-especially for street children.5. Police and municipalities to more sympathetic towards children.6. Creations of public awareness through media campaigns and street theatres.7. Enforcement of minimum wages=equal wages for children and adults.8. Strenghning of anti poverty programmes.9. Effective implementations of existing laws=through training of labour

inspectors and speedy disposals of child labour cases in labour courts.

10.Proper utilizations of project money on child benefits.11.Formal and non formal education programmes-special schools (child labour

rehabilitations cum welfare centres)these schools should offers stripends,

national services and health services to children and proper training toteachers to teach children in proper way.

12.Income and employment generation activities to families13.Raising of public awareness.14.Creating awareness of harmful effects of child labour among families and

their children.

15.Survey and evalution of child labour16.Assistance of voluntary organizations in running nclp schools 14

14. PL Mehta, SS Jaiswal ,Child Labour & Law 86 (1996)


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NON GOVT. ORGANISATIONS

MANY N.G.Os like bachpan bachao andolan.care india,child right andyou.global march against child labour,ride india.have been working to eradicate

child labour in india.

PRATHAM IS india largest non govt. organization with the mission everychild in school and learning well founded in 1994.pratham has aimed to reduce

child labour and offer schooling in children irrespespective of their

gender.religion and social background.it has grown by introducing low cost

education models.in 2005 pratham was involved in coordinating a child labour

rescue operations with india ministery of labour and police when around 500

children were rescued from zari swaet shops in new delhi.

YOUTH FOR UNITY AND VOLUNTARY ACTION ORGANISATION based in Bombay since 1984 is working with street children.providing

education,food ,shelter.

RUGMARK FOUNDATION-CONSTITUTED IN 3 october 1994 withrepresentative of Indian carpet trade union, Indian ngo for free those carpets

products which are meant for export with child labour.15

15. The Times Of India 26 June 2011


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INTERNATIONAL N.G.Os

1. Syndicate non govt. Organisation2. Bread for the world3. Step non govt. Organisation4. Child labour action support programme-germany financed programme in

india.and provided schools books.

A LEGAL FRAME WORK ON CHILD LABOUR BY UNITED NATIONS

1. UNITED NATION AGENCIES WERE SET UP FOR PREVENTION OFCHILD LABOUR.THEY ARE-

UNICEF-UNITED NATION CHILDREN FUND I.L.O-INTERNATIONAL LABOUR ORGANISATION

THESE 2 agencies define problems of child labour and develop international frame

wrok to prevent themas a result of their work we have several international treaties

and conventions,banning child labour.once the country ratifies conventions united

nation bodies monitarcompliance and hold country for violations.16

16. Parasher.S,United Nations & India 139/139,141(2001)


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VARIOUS I.L.O CONVENTIONS

2. In I9i9-Ist Ilo Convention Prohibited Age Belw 14 Year In IndustrialEastablishments

3. In 1930-Convention Of Ilo Prohibited Children From Forced Labour AndCompulsory Labour And Provided Safeguard Against Child Labour.

4. In 1966-Convention Of I.L.O-The International Convention On Civil AndPolitical Rights In Re Emphasing Issue Of Slavery And Forced Or Compusory

Labour Adopted By General Assembly.17

17. 17. Parasher.S,United Nations & India 135-2001


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REVIEW OF LITERATURE

THERE is limited literature on topic of child labour and an effort has been made to

review it here under -

CHILD LABOUR AND THE LAW written by P.L MEHTA AND S.S

JAISWAL is vast book on child labour and law.the authors had explained the

problems of child labour.and mentioned that children must not be deprived of

education ,proper health and basic amenities of life.18

CHILD LABOUR IN INDIA WRITTEN BY DIPAK DAS-The author had

explained in detail and in simple language about the growth of nation that depends

on the growth of children.society develops when child develops.they required

special law for protection due to their tender age,physique,and mental level.govt.should be of great concern towards child development for an overall development

of human resource.19

CHILD LABOURWRITTEN BY BABITA AGGARWAL.THE author had

explained about the child dignity and causes consequences of child labour and the

problems of child labour and judicial activism.the areas of child labour where they

work like agriculture,manufacturing industries and domestic and other services are

the main sectors of their work.20

CHILDREN AT RISKWRITTEN-BHATT PREET- mentions child labour

issue and causes and interventions of child labour.and effects on child health by

working in hazarduos factories.child labour and govt. policies.and various concept

on child labour and society.21

UNITED NATION AND INDIA WRITTEN BY PARASHAR.S-explained the

strategy to eliminate child labour and mention the strategy of united nations on

child labour in india.and what is judiacial response to child labour by govt of india

22

18. Child Labour And The Law ,P.L Mehta And S.S Jaiswal 86(1996)19. Child Labour In India ,Dipak Das 94(2011)20. Child Labour ,Babita Aggarwal 89(2008)21. Children At Risk ,Bhatt Preet 79(2008)22. United Nation And India ,Parashar.S 139/141(2001)


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RESEARCH METHODOLOGY

AS Present work requires analytical and empirical research in this area.material for

the proposed study will be collected from various primary and secondary source.in

this study various sources like the descions ,observations of courts in india articles

in various newspapers.books,etc.will be critically examined.formal and informal

methods shall be employed to extract information relating to research study.

OBJECTIVES OF THE STUDY

The following are the objectives-

1. To study and comprehend the existing child labour laws in india2. To study and comprehend the historicak back gruond of child labour.3. To study the constitutional validity of child labour.4. To study the role of judicial approach regarding child labour.5. To examine case laws to see how various judgements on child labour stands

judicial scrutiny.

6. To study role of united nations and various its agencies.


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TENTATIVE CHAPTER SCHEME OF THE STUDY

We shall divide the study into following-

1. Introduction2. Definition Of Child Labour3. Concept Of Child Age Under The Constitution And Indian Legislations4. Catagories Of Child Labour5. Classification Of Child Labour6. Causes For Child Labour7. Child Labour And Health Hazards8. Child Labour Welfare Under Indian Constituion9. National Human Right Commission Workshop And Annual Reports10.Newspaper Report S On Child Labour11.Judgements Of Supreme Court On Child Labour12.Initiatives Against Child Labour By Govt.And Non Govt.Organisations13.A Legal Framework On Child Labour By United Nations.14.Conclusions And Suggestions


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BIBLIOGRAPHY

BOOKS

1. P.L MEHTA.S.S JASWAL;CHILD LABOUR NAD LAW;DELHI;DEEPAND DEEP PUBLICATIONS;1996

2. BABITA AGGARWAL;CHILD LABOUR;MAHAMAYAPUBLICATIONS;DELHI;2008.

3. DIPAK DASS;CHILD LABOUR IN INDIA;DEEP AND DEEPPUBLICATIONS;2011.

4. BHAT PREET;CHILDREN AT RISK;MANORAM PUBLICATIONS;20085. PARASHAR.S;UNITED NATIONS AND INDIA;JAWALA

PUBLICATIONS HOUSE;2001.

STATUTES

1. THE CONSTITUTION2. THE CHILD LABOUR (PROHIBITION AND REGULATION ACT) 19863. THE LABOUR ACT 19514. THE MERCHANT SHIPPING ACT 19585. THE BIDI AND CIGAR WORKER ACT 19666. THE CHILDREN PLEDGING ACT 19337. THE EMPLOYMENT OF CHILDREN ACT 19388. THE FACTORY ACT 1948


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JOURNALS/REPORTERS

1. ALL INDIA REPORTER2. SUPREME COURT CASES3. HIGH COURT CASES4. CRIMINAL LAW JOURNAL

NEWSPAPERS-

1. THE TIMES OF INDIA2. THE TRIBUNE3. THE HINDU

WEBSITES

1. www.child labour.html2. www.courts.ie3. www.ndtv.com4. www.wikipedia.org

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Child Labour For PHD

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