Law & Poverty

8/18/2019 Law & Poverty

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JAMIAMILLIA

ISLAMIA

IramPeerzada

[LAW AND POVERTY-CHILD LABOUR]

“Be!"# $%e&'( "' !)"e L&!!%e* &''"+e'! %&,eB%""med "' Ear!)* W)" )a,e $r"()! !)e mea(e ". /"0.r"m )ea,e'%0 (arde'12 -Ra$&'dra'a!) Ta("re


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Acknowledgement

I take this opportunity to express my profound gratitude and deep regards to my

guide for her exemplary guidance, monitoring andconstant encouragement throughout the course of this thesis. The blessing, help

and guidance given by her time to time shall carry me a long way in the journey of

life on which I am about to embark.

I am obliged to staff members of Jamia Millia Islamia, for the valuable

information provided by them in their respective fields. I am grateful for their

cooperation during the period of my assignment.

Lastly, I thank almighty, my parents, brother, sister and friends for their constant

encouragement without which this assignment would not be possible.

Iram Peerzada

Faculty of Law

emester I!" #.$., LL.#. %&ons.'


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(ontents

). Introduction*************************+

. (hild Labour***********************.......-+. (onstitutional provisions********************/. Legislative provisions*********************0-. (auses of (hild Labour********************))1. 2fforts to overcome (hild Labour at International level*******..)1. 2fforts in India***********************..34. Landmark judgement*********************+0. (onclusion************************....-)3.5eferences************************.....1


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Introduction

6The (hild is father of the 7an8 said 9ordsworth. :ehru considers children as one

of the greatest asset for the nation. The (hild is generally considered to a person

who is less than )/ years of age and less developed, immature and cannot

understand the conse;uences of any work , and not aware of their rights. 9e all

know hard labour is the way to success. Labour can be viewed from various

aspects. , so we can say that any work done by physical and mental power is called

6labour8 such work which is more than 0 hours in a day and which is harmful for

the physical, mental health and in ha?ardous condition is called worst labour and

such labour which is not harmful for health and work not more than )/ hours in a

week and not in ha?ardous condition is called 6normal labour8. (hild labour is a

global phenomenon. The term 6child labour 6is generally used to refer 6all children

who are less than )- years old and forced to work on regular basis to earn

livelihood for themselves and their family in organi?ation or non" organi?ation and

ha?ardous and non" ha?ardous condition that are exploitative and affective to their

health and to their physical and mental development and deprived of education

and training opportunities. $ccording to International Labour @rgani?ation% IL@,33 ' 6 all children under )- years of age who are

economically active excluding those who are under - years and those between)"

)/ years old who spend less than )/ hours in a week open their jobs unless their

activities or occupation are ha?ardous by nature or circumstances, is called 6(hild

Labour8. The International Labour @rgani?ation %IL@' defines child labour as

Awork situations where children are forced to work on a regular basis to earn a

living for themselves and their families, and as a result they remain backward

educationally and socially in a situation which is exploitative and harmful to their health and to their physical and mental development. The children are separated

from their families, often deprived of educational and training opportunities and

they are forced to lead prematurely adult lives %IL@'8. The Factories $ct of )0/4

states that any work undertaken by children that interferes their full physical

development, their opportunities for desirable minimum of education or their need


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of recreation by a child below )/ years under either compulsion development or

their desirable opportunities for a child voluntarily in an organi?ed or unorgani?ed

minimum of education, termed as =child labour> %The Factory $ct )0/4'. The worst

forms of child labour are those situations where children work more than nine

hours in a dayB earn less than a minimum wage or no wages at allB work inha?ardous conditions for health and safetyB have no access to educationB and, work

outside of their familyCs home. (hildren are the future of the nation, they are

vulnerable due to their age and physical power and they cannot make plan for their

future and cannot understand the result of any work. o they should be protected

from exploitation and should be given opportunities for their physical and mental

development. &ence the protection of children is the responsibility of the nation.

The Indian constitution also makes safe guards for the children from their

exploitation and to eliminate child labour from our society. Indian constitutionmakes provisions for the children, such as $rticle"/ provides that child below the

age of )/ years shall not be employed to work in any factory or mind or engaged in

any ha?ardous employment. Dovernment of India is also committed to ensuring

protection, rights and development of children in our country to overcoming this

target government has enacted various legislations such as which prohibit children

from working in the particularly ha?ardous and dangerous activities (hild Labour

prohibition and regulation act )041.


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CHILD LABOUR

(hild labour is defined differently from the various organi?ations and group of

people. The International Labour @rgani?ation %IL@' defines child labour as Awork situations where children are compelled to work on a regular basis to earn a living

for themselves and their families, and as a result are disadvantaged educationally

and sociallyB where children work in conditions that are exploitative and damaging

to their health and to their physical and mental developmentB where children are

separated from their families, often deprived of educational and training

opportunitiesB where children are forced to lead prematurely adult lives%IL@'.8 The

Factories $ct of )0/4 defining that 6a person below the age of )/ years is to be

regarded as a (ommittee, defined child labour8 as work by child. Therefore, any

work undertaken by children that interferes their full physical development, their

opportunities for desirable minimum of education or their need of recreation by a

child below )/ years under either compulsion development or their desirable

opportunities for a child voluntarily in an organi?ed or unorgani?ed minimum of

education, termed as =child labour>.$ brief description of definition given by

different organi?ation and social scientists is listed belowE"

). International Labour Organization (ILO,2002) 6$ll children under )-

years of age who are economically active excluding those who are under -years and those between )")/ years old who spend less than )/ hours in a

week open their jobs unless their activities and occupations are ha?ardous by

nature or circumstances.8. M.C Naidu, K. asarat!a " 6any child out of school is a child labour.8+. "a#tories $#t %&' " 6$ person below the age of )/ years is to be regarded/. as child. Therefore any physical labour undertaken by a child either under

compulsion or voluntarily in organi?ed or unorgani?ed sector ;ualifies to be

called as child labour.8

-. an*a+ Mo!aatra, Manusmita as! " 6the term 6child labour8 is used for children occupied in profitable activities whether industrial and

nonindustrial.81. !ri -. -.iri" &e has given two concept of child labour,

). as a bad economic activity. . as an overt social evil.


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. r. te/en ind, r. e/an*ana C Na+du"6(hild labour implies that who

are in the age group below )/ years and who work for themselves and for

their family for an income and who contribute a significance share to the

labour force in India8.

4. 1omer "los"6as work by children that interferes with their full physicaldevelopment, their opportunities for desirable minimum of education of their

needed recreation.8


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(onstitutional


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and implementation of these provisions, it is noteworthy that child labour is

increasing day by day.)

11..C. !"#$%"& 2''5 && (1)14(


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L*+ILA,I-* RO-IIO/ 0OR RO,*C,IO/ O0 CHILD LABOUR

The Factories $ct of %)44)' was the first law to define child and to prescribe

prohibitory regulations for employment of children below years of age. The

Factories $ct, %)0))' prohibited employment of children in dangerous occupationsand working during night hours. The first (onvention of IL@, compelled

amendment of the $ct in %)0', to rise the minimum age of child to )- years.

&owever, children below the age of ) years where prohibited for employment.

The age rose to )+ years in )0+- under the $ct. The Factories $ct, %)0/4',

prescribes prohibitory regulations for employment of children below )/ years of

age in any factory. India 7ines $ct, %)0-' prohibits employment of children

below )1 years in any underground mines.


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by prescribing minimum working hours, prohibiting work at night, prohibiting

overtime work, and weekly holiday. $lso, the $ct provides measures for health and

safety of child workers. It emphasi?ed on maintenance of a register having details

of children if employed by any organi?ation. 9hile prohibiting employment in

certain occupation and processes, the law legali?ed employment of children inother cases. Indirect support was extended for such an evil practice which should

be totally prohibited irrespective of the nature of employment.


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CAU* O0 CHILD LABOUR

(hild labour is a socio"economic problem.


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nobody pays serious attention to their plights and the safeguards extended for the

prevention of child labour are not implemented effectively. 2conomic

Dlobali?ation is e;ually responsible for the growth of child labour.

R**/, C*/ARIO


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$ccording to the Indian census of )00), there are )).4 million working children

under the age of fourteen years in India. $ccording the govt. of India the number

of child labour have been decrease from ).-crore %census 3))' to 03.- lakhs in

33/"3-and recently to /0.1 lakhs %11th 5ound of :@'. (hild labour is still a

major problem in India. The &indi belt, including #ihar, 7adhya


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In most families, the parents neglect their children, caretakers batter them G in

workplaces employers sexually abuse them, through this problem of emotional,

physical G sexual abuse of children is increasing, it has failed to capture the

attention of ociologists and


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decreased to +30 in 334, and 4/4 in 330. :early 13 3f victims of trafficking

are below )4 years of age. 7ostly girls are trafficked for sexual purpose. The

number of children trafficked worldwide for sexual exploitation or cheap labour on

an annual basis is ). million. $pproximately )-3,333 women and children are

trafficked from outh $sia every year and for most of them India acts as a countryof the origin and destination. In some other cases women and girls are trafficked to

other countries via India. It is estimated that nearly -333 to 333 :epalese girls

are trafficked into India for sexual exploitation.+

*00OR, ,O O-*RCO* CHILD LABOURA, I/,*R/A,IO/AL L*-*L

3on" "ge ) 44 /o. 2'12.


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$. orld Con8eren#e on 1uman


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a' urvival rights,

b' Keveloping rights,

c'


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b' mustbe fed, the child that is sick must be nursedB the child that is backward must

be helpedB the delin;uent child must be reclaimed, and the orphan and the waif

must be sheltered and succoredB

c' must be the first to receive relief in terms of distressBd' must be put in a position to earn a livelihood, and must be protected against

every form of exploitationB

e' must be brought up in the consciousness that its talent must be devoted to the

services of its fellow men.

C. lobal #on8eren#e on #!ild labour 20%0

The heightened interest in the child labour issue in the )003s was marked by the

two international conferences held in )00. $ major review conference following

the $msterdam and @slo meetings of )00, and the 33 meeting in The &ague,

was specifically called for in the 331 Dlobal 5eport. In response to this concern,

the Dovernment of the :etherlands announced at the 330 International Labour

(onference that it would host a global meeting to be held in 7ay 3)3. The

conference is being held in cooperation with the IL@. The main objective of the

conference is to strengthen the worldwide movement to achieve universal

ratification of IL@ (onventions :os )+4 and )4 and to advance efforts to reach

the 3)1 target. (onference discussions will be structured around five key themesE

political awareness and commitmentB financing needsB policy integrationB tripartite

actionB and focus on $frica. In addition, the conference will provide a platform for

6champion8 countries, social partners and others to showcase and discuss good

practice in combating child labour. The conference will consider a road map on

ways and means to help reach the 3)1 target.

. $#tions 6se#iall+ 8or irls

Dirls depict around -/ per cent of the world>s total out"of"school children and aremuch more likely than boys never to enroll. @ne estimate suggests the global cost

of not educating girls is M0million a year, just less than the total annual

development assistance budget of developed countries. - International Labour

@rgani?ation %IL@' core (onventions on child labour stress the special risks facing

girls, particularly some of the worst forms of child labour. ince 333,


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International


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:ational policy for children as adopted on nd $ugust )0/ stands as the basis of

several national policies and programmes initiated in the last few decades to

address the varied needs of the children, and is the policy frame for this plan. The

policy laid down that state shall provide ade;uate services towards children both

before and after birth and during the growing stage s for their full physical, mentaland social development the policy emphasi?ed the need for the measures of the

balanced growth of childrenBchildren shall be protected against neglect , cruelty

and exploitation. :ational policy on child labour was adopted in august )04

contains the action plan for tackling the problem of child labour. It envisaged the

legislative action plan and convergence of general development program for

benefitting children wherever possible

:. ;!e National 1uman


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Investment for 2ducation is investment for nation. 2ducation is the most important

investments that any developing country can make for its future. 2ducation is the

most effective tool for reducing child labour. #ut in India 2lementary 2ducation

has been taken seriously and is a matter of consideration. This has been

characteri?ed by neglect of education of urban disadvantaged children, the girlchild and disabled children and by low budgetary allocation. $s a finding of

continuous and persistence advocacy campaign, the


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The :ational (ommission for


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BACHPAN BACHAO ANDOLAN ,2 UNION O3 INDIA*

4567

In a petition filed by #achpan#achan$ndolan %##$', the &on>ble upreme (ourt

of India passed a landmark judgment in the issue of missing children. The benchheaded by &on>ble (hief Justice of India 7r. Justice $ltamasabir comprising of

&onCble 7r. Justice !ikramajiten and &onCble 7r. Justice harad$rvind#obde

has taken the issue of missing children very seriously in the light of the facts

presented before it by #achpan#achao$dolan. The &on>ble (ourt took into

congnisance that in 3)) alone 03,1-/ children went missing with +/,/31 children

still remaining untraced. &owever only )-,4/ FI5s were registered and

investigations were launched.

The &on>ble upreme (ourt made a special mention of the efforts of petitioner

##$, 7r. &..


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disappearance. The child will be considered missing and in need of care and

protection, until located andNor hisNher safetyNwell"being is established.8

(ommenting upon many other suggestions made by :ational &uman 5ights

(ommission %:&5(' and :ational Legal ervice $uthourity %:$L$', the benchremarked 6$ specific investigation should be conducted if a missing child is

recovered to ascertain the involvement of organised gang in trafficking and child

labour.8

7r. ailashatyarthi, Founder, ##$ said 6It is a watershed moment not only in our

three decade fight in restoring childhood but has also brought a fresh lease of hope

for hundreds of thousands of missing children and their hapless parents, whose

cries remained unheard due to the absence of legal protection and apathy of

enforcement machinery. @ur argument that children do not disappear in thin air but

go missing because of an organi?ed nexus of traffickers and mafias has been

finally upheld by the highest court of the land today8.4

8$tt&::www.;;".og.?content:#&eme)cot)


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CO/CLUIO/

There is a lot of provision added in the constitution of India for child welfare to

overcome child labour and to avoid the situations that comes as a conse;uence of the child labour. $t an International level, different organi?ations are also working

for the same cause. #ut still there are a lot of efforts needed to create an

environment which is free from child abuse. The recent data as discussed in the

various sections of the assignment indicate how far are we in eradicating child

labour and how hard work we need to do for the welfare of the poor, ignorant and

unheard children. In this assignment we have proposed few major steps that may

be proved worthy in reducing the child abuse, hence a safe and pure society.


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Re@eence#

Q)R $nandarajakumar < %33/'. Female (hild Labour. :ew KelhiE $ < &


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Q)+R :I(2F %33/'. The tate of the 9orld>s (hildren 33/. :ew Hork.

Q)/R Hojna, :ovember 3) vol, -1 pp 3 and //.

$. Dovernment of India %)0/4' theFactories $ct.

#. ec %c' vol.+ :ew Kelhi, 7inistry of Labour.

(. Dlobal 5eport under the follow up to the IL@

K. Keclaration on Fundamental

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