Issues related to Children – Child Labor

What is Child Labor?

Child Labor is the employment of children in manual work, harsh conditions, and an exploitation of their efficiency for little or not payment.

Child labor is deeply rooted social issue in India. According to the 2011 Census, more than 10 million children in the age group of 5-14 years are working as child labors in India.

The decline rate from 5% in 2001 to 3.1% is 2011 isn’t significant enough. As a part of the United Nations Sustainable Development Goals target 8.7, child labor in all forms needs to be removed by 2025.

Under Article 21A of the Indian Constitution, every child between the age of 6-14 years is guaranteed free and compulsory education.

Impact of COVID-19 on Child Labor

• In the last decade, the child labor rate decreased from 5% to 3.1%
• This demonstrates that programs and policy implementations have impacted child labor as a practice. However, COVID-19 pandemic seems to have undone a lot of gains.
• The already vulnerable population is suffering with an increased impact due to COVID-19, and poverty has pushed families to send their children for livelihood in hazardous conditions.
• Around 9 million additional children are at the brink of falling to the child labor trap, according to the International Labor Organization and UNICEF.
• For example, the closure of schools in India due to COVID aggravated the economic crisis among the lowest strata, which has further increased the unofficial numbers on child laborers in the country.
• The working children population has increased from 28.2% to 79.6% according to the Campaign Against Child Labor’s survey.
• Furthermore, the most impacted are the orphaned children, who are vulnerable to trafficking and other kinds of exploitation like forced begging.
• A large number of children are expected to drop-out of schools, because of the COVID situation, and their only option remains is to get livelihood.
• Campaign Against Child Labor’s Survey further states that more than 94% of the children were pushed to work due to the bad financial situation at their home.

The Vicious Cycle of Poverty and Child Labor

Government measures to eradicate Child Labor in India

• Child Labour (Prohibition and Regulation) Act (1986)
  • The act aims at prohibiting employing children in certain employments, and regulates the working conditions of children in other employments.
• Child Labour (Prohibition and Regulation) Amendment Act, 2016
  • The Amendment Act completely prohibits the employment of children below 14 years.
  • The amendment 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.
• India ratified two core conventions of the International Labour Organization
  • India ratified ILO Conventions, 138 and 182, which says that the minimum age for employment should not be less than the age of completion of compulsory schooling (14 years of age in India’s case) and calls for elimination of the worst forms of child labour, respectively.
• National Policy on Child Labour (1987)
  • This Policy focuses on rehabilitation of children who are working in hazardous conditions, rather than preventing child labor.
• Juvenile Justice (Care and Protection of Children) Act 2000 and amendment of the JJ Act in 2006
  • This act includes the working child in the category of children in need of care and protection, without any limitation of age or type of occupation.
• PENCIL portal
  • The government has launched a dedicated platform viz. pencil.gov.in to ensure effective enforcement of child labour laws and end child labour.
• The Right to Education Act 2009:
  • The act has made it mandatory for the state to ensure that all children between the age of 6-14 get mandatory free and compulsory education.
  • Further, Article 21A, a part of the Fundamental Rights of the Indian Constitution, recognizes education as a fundamental right, and gives an opportunity to beat child labor with education.

Challenges in the path of Child Labor Eradication

• Pandemic has hampered the enforcement of child labor laws.
• Increasing pursuits of human trafficking and fewer workplace inspections has been a persistent issue.
• Increasing economic activity post pandemic and non-availability of migrant labors has pushed child labor to an increasing trend.
• Children’s access to basic nutrition, education, and other such critical requirements have suffered a set back, making them fall to the vicious cycle of poverty and child labor.
• Child Labor exists in multiple forms. Hence, a one-size-fits-all model doesn’t help the efforts of eliminating child labor.
• Incoherent laws prescribing different minimum age of employment furthers adds to the complexities of child labor.
• There is a lack of a national convention to implement international practices as prescribed by International Labor Conventions.
• Lack of effective labor inspections in the informal economy.
  • Around 71% of working children are concentrated in the agriculture sector, with 69% of them undertaking unpaid work in family units.

Way Forward

• Elimination of poverty
• Free and Compulsory education
• Abolition of Child Trafficking
• Basic standard of living
• Strict implementation of labor laws
• Strengthening policy and legislative enforcement
• Building capacities of government workers and employer organization
• Eradicating unemployment
• Accelerating universal social protection
• Attitudinal and mindset change
• Coordinated policy efforts to provide employment and income support to informal sector workers
• Financial support and relaxation of school fees