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STUDY OF CHILD WORKERS OR

CHILD LABOUR – VIOLATION OF

THE RIGHTS OF CHILDREN

Submitted to : Prof. A Lakshmipati Raju

Submitted by : Aaditya Vasu


Roll no – 2013001
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B.A.LL.B (Hons) Sem- 1st


“Do you hear the children weeping, O my brothers,

Ere the sorrow comes with years….

They are weeping in the playtime of the others

In the country of the free…

“How long”, they say, “how long, O cruel nation,

Will you stand, to move the world, on a child’s heart?”

- The Cry of the Children, written in 1843 by Elizabeth Barrette Browning

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Acknowledgement :

Writing a project is one of the most significant academic challenges I have ever
faced. Though this project has been presented by me but there are many people who
remained in veil, who gave their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher Prof A Lakshmipati Raju Sir ,
without the kind support of whom and help the completion of the project was a
herculean task for me. He donated his valuable time from his busy schedule to help
me to complete this project and suggested me from where and how to collect data.

I am very thankful to the librarian who provided me several books on this topic
which proved beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which was
very useful and could not be ignored in writing the project, and special reference to
Sheikh Fazil, who accompanied me to the field work so as to make me understand
the local language. I also owe special thanks to my parents for their selfless help
which was very useful in preparing the project & without whose support this project
wouldn’t have been prepared.

Aaditya Vasu

Roll No. 2013001

1st semester
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Index :

1. Introduction
2. Aims and objectives
3. Hypothesis
4. Research Question
5. Research methodology
6. Story of Iqbal
7. Child labor
8. Right to education
9. National laws
10.International laws
11.UN rights protecting working children
12.Research work
a. Observations
b. Reasons for existence
c. Suggestions
13.Concluding remark
14.References

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Introduction :

We are living in an era of dramatic change and transition, in a world that is being
transformed by regular scientific, moral and political change. The change has
emerged out to be the only eternal thing left on the planet. The individual life is now
much cumbersome as all are trying to grow and reach a level of complete
development. They all are investing all of their economical and mental power to
outcast every other opponent in the race of life. Even though, in spite all these
ambitious and meritorious deeds, our society as a whole is not developing. The
individuals are growing for sure, but somewhere down the line there is something
which is obstructing our society to prosper fruitfully.

The problem is of materialistic mind set up. The carefree and callous attitude one
depicts in society is one of the reasons. One is simply unaware of the happenings
just in his vicinity.

These all are the reasons of the social problems prevailing in the society. We all
trying to reach at the apex of our own professions but are unaware of the needs of
the child which lives in our locality, and by whom we pass daily in our air
conditioned vehicles having a glimpse of him roaming through the streets in torn
clothes.

The most deadly social problem still prevailing in Indian society is of child labor.
This could sound too harsh, but the reality is that most of us even do not consider it
to be an evil as we have accepted it as a part of our society and life. We must
understand the basic thought that, children are the building blocks of the society and
country as a large, and investing on them could be one of our planning for secure
future.
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As the UNICEF rightly states that “To guarantee the human rights of children is to
invest in the future. Children's rights are the building blocks for a solid human rights
culture, the basis for securing human rights for future generations.” 1

Education is regarded as a solution to all the problems prevailing in the


community, but the irony is that the evil of child labor is turning out to be an
obstruction in imparting education itself.

Aims and objectives :

The objectives of doing research work on “CHILD LABOUR VIOLATION OF


RIGHT TO EDUCATION OF CHILD “ are as under :

1. To check the current status of practice of child labor in our society.


2. To enumerate the status of implementation of Right to Education in society.
3. To figure out possible causal explanation to the problem of Child Labor.
4. To suggest some productive ways to curb this social evil.
5. To study the problems, practice of child labor is creating in implementation
of Right to Education.

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 1
http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf, Anonymous, October 4,
2013, 14:34 IST.
Hypothesis

The authorities of state through legislation have tried to control the social issue of
child labor and implement Right to Education for better nurturing of younger
generation of our society, but the grass root reality totally differs. The fact remains
that mere implementation of legislative reforms would never fetch the need until
there is a change in mind set of general public. Just in a case, you saw a child working
in a manufacturing factory where you are employed, so you directly may not be
promoting the social evil, but you are morally responsible for the happening as you
are not protesting the event. The can be brought but one and all have to contribute
towards it and remember, charity begins at home, so do not expect anything but be
the change you want to see.

Research Question :

 How has the social issue of ‘Child Labor’, which is still prevalent in
society, obstructed the way of implementation of right to education for
children?

 How can we curb the social issue of “Child labor “?

Research Methodology:

The research on the topic “CHILD LABOUR VIOLATION OF RIGHT TO


EDUCATION OF CHILD “would require both doctrinal and non-doctrinal mode
of research.
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 Doctrinal research or traditional research involves analysis of case laws,
arranging, ordering and systematizing legal prepositions and study of legal
institutions, but it does more – it creates law and its major tools through legal
reasoning or rational deductions. In the opinion of Booming, this kind of
research represents more a practical regulative ideal of how the judicial
process ought to be conceived by the judiciary than a theoretical analysis of
its actual structure and functioning.2

My doctrinal research included consulting various books related to child


labor, right to education and the Constitution of India, available in library of
Damodaram Sanjivayya National Law University.

 Non doctrinal research or empirical research is carried on by collecting or


gathering of information by first hand study of subjects. It relies on experience
or observation without due regard to any theory or system and hence it is also
called as experimental type of research. Here researcher attempts to
investigate effect or impact by actual examination or observation of the
functioning of law and legal institutions in society.

Non doctrinal research required me to do some field works and


observations in the Railway Station Area of Visakhapatnam. My research
work is based on study on inhabitants of. I personally visited the locality to
figure out the children working on the daily basis to earn their living. I tried
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to deduce the reason itself by interviewing few of them (child laborers) so as

2
Legal Research Methodology, Asia law house Hyderabad, Doctrinal research or traditional
research, Dr T Padma and K P C Rao, Pg 30.
to why they chose to be child laborers or were they forced for it. The social,
hygienic and educational background of child laborers is also taken note of.
Efforts were made to do a comparative study on the total number of children
residing in concerned area in accordance with the number of children enrolled
in any of the educational institutes.

Story of Iqbal:

Iqbal was only four when he was sold into slavery. He was a child of bondage, sold
by his family to pay for a debt. Though very small and very weak, he was forced to
work at a carpet factory for 12 hours a day. He was constantly beaten, verbally
abused and chained to his loom for six years. Severe malnutrition and years of
cramped immobility in front of a loom stunted his growth. All this changed in 1992,
when Iqbal and some of his friends from the carpet factory stole away to attend a
freedom day celebration organized by a group working to help end bonded labor.
With their help, Iqbal, too, became free and soon became a well-known critic of
child labor. His campaign scared many, especially those who used children as
bonded labor. In December 1994, Iqbal visited the United States to receive a human
rights award. Soon after his return, Iqbal was killed by a gunman hired by factory
owners. Iqbal was just one of millions of child laborers worldwide, but his story has
inspired many to act for change.3
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3
http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf, Anonymous, October 4, 2013,
14:34 IST.
Comparison between India and other Countries

Country Total Child Male Female Children Children who


Population Children Children affected by are drug
(%) Population Population Disability addicted (%)
(%) (%) (%)
India 100 67 % 43 % 39 % 13 %
Brazil 100 59 % 41 % 23 % 70 %
Ghana 100 52 % 48 % 47 % 13 %
Pakistan 100 69 % 31 % 36 % 16 %
Sri-Lanka 100 56 % 44 % 40 % 49 %
USA 100 49 % 51 % 12 % 74 %

As according to this report, 6 countries reports has been given, as according to this report
India have 67% and 43% population ratio in male and female children, out of this 39% are
disabled which is a matter of concern even for the 13% of the children who are drug
addicted. If we consider these things in comparison then Brazil has the highest number of
drug addicted children and if we talk about the disability factor then Ghana tops the list.
Ghana and India have least drug addicted children but this one is also not appreciable
because our aim is to make the ratio to 0% , we don’t want even 1 % of the disabled children
or the children with drug addicted.

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States Rural Urban All % Share of
Child labor
A.P. 1052 140 1201 13.2
Assam 124 8 133 1.5
Bihar 333 30 364 4.0
Chhattisgarh 225 31 263 2.9
Delhi 0 10 9 0.1
Goa 3 2 6 0.1
Gujarat 220 77 302 3.3
Haryana 83 14 99 1.1
H.P. 36 1 37 0.4
Jharkhand 167 38 206 2.3
Karnataka 510 41 571 6.3
Kerala 7 4 11 0.1
M.P. 414 68 491 5.4
Maharashtra 661 84 783 8.6
Orissa 423 22 440 4.8
Punjab 23 21 101 1.1
Rajasthan 714 110 821 9.0
Tamil Nadu 95 79 173 1.9
U.P. 1620 459 2064 22.9
Uttrakhand 59 3 74 0.7
West Bengal 485 217 690 7.6

NSSO Estimate of Child Labor in Major Indian States (2011-2012)4


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4
NSSOestimateofchildlaborinmajorindianstates.pdf
Child Labour :

In India the term Child Laborers refers to the population of working children ranging
in age from five to fourteen years. The minimum age prescribed by law varies from
industry to industry e.g. in factory minimum age is 14 years, and in mining it is 18
years.

Child labor – conventionally referred to children working before they reached the
lawful minimum age for employment in their count ry (nowadays usually 14, 15 or,
as in the UK, 16), often the same as the cut-off age for compulsory attendance at
school. Now redefined to refer to all young people engaged in harmful employment,
whether they are school-age or older.5

Right to education : .

The right to education under Constitution of India is,

The constitution amendment act, 2002 has inserted article 21A which provides that,

“The state shall free and compulsory education to all children of age 6 – 14 years in 12
such a manner as state may by law, determine.”6
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5
http://www.ilo.org/global/topics/child-labour/lang--en/index.htm, August 27, 2013, 23:05 IST.

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Introduction to the Constitution of India, Lexis Nexis Butterworths Wadhwa, Fundamental rights
and fundamental duties, D D Basu, pg 115
The right of a child should not be restricted only to free and compulsory education,
but it should be extended to have quality education without discrimination on ground
of child’s economic, social and cultural background. The right of child to free and
compulsory education has now become a part of fundamental rights under article
21A of the Constitution of India.

This enactment was done so as to aim cent percent literacy among the upcoming
generations, and to remove poverty as a cause of illiteracy.

National laws :

The Indian laws that seek to prohibit employment of child labor include:7

 The Article 24 of constitution of Indian clearly states “No child below the age
of fourteen years shall be employed to work in any factory or mine or
employed in any hazardous employment”.
 Article 39 (e) directs State policy such “that the health and strength of workers
…. And the tender age of children are not abused and that citizens are not
forced by economic necessity to enter avocations unsuited to their age or
strength”.
 Article 39 (f) that children are given opportunities and facilities to develop in
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a healthy manner and in conditions of freedom and dignity and that childhood
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7
Introduction to the Constitution of India, Lexis Nexis Butterworths Wadhwa, Fundamental
rights and fundamental duties, D D Basu
and youth are protected against exploitation and against moral and material
abandonment.
 Article 45 makes provision for free and compulsory education for children up
to the age of fourteen years.
 With regard to child labor, the Indian government implemented the Child
Labor Act in 1986. The purpose of this act is to “prohibit the employment of
children who have not completed their 14th year in specified hazardous
occupations and processes”.
 Articles 23, 24 and 26 of the Juvenile Justice (Care and Protection) Act 2000
also seek to protect children from exploitation and neglect.
 Provisions in numerous other acts such as Factories Act 1948, Mines Act
1952, Beedi and Cigar workers (condition of employment) Act 1966 and Shop
and Commercial Establishment Act prohibit employment of children.

International laws :

Child labor is increasingly recognized as a crime against the UN Convention on the


Rights of the Child. The labor is likely to interfere with the education and normal
development of the children which can be harmful to their health and morals.

India is also a signatory to United Nation’s Convention on Child Rights. According


to this convention and child labor violates the following rights of a child:

 The right to be cared for by his or her parents. (Article 7).


 The right of a child separated from his or her parents to maintain regular
contact with them. (Article 9)
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 The right to be brought up by parents or guardians whose basic concern is the
best interests of the child. (Article 18)
 The right to protection from physical or mental ill-treatment, neglect or
exploitation. (Article 19).
 The right to conditions of living necessary for the child’s development.
(Article 27).
 The right to education. (Article 28).
 The right to rest, leisure, play and recreation (Article 31).
 The right to protection from economic exploitation and from performing any
work that interferes with his or her education or is harmful to his or her mental,
spiritual or social development. (Article 32).
 The right to be protected from all forms of sexual exploitation and sexual
abuse. (Article 34).
 The right not to be arbitrarily deprived of liberty. (Article 37)

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Division on the Basis of Class

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UN rights that protect working children

UN Convention on the Rights of the Child 19898

 Article 6- Governments must ensure that children are able to survive and
develop “to the maximum extent possible”.
 Article 11- Governments must prevent “the illicit transfer and non-return of
children abroad”.
 Article 19- Governments must take action to protect children against all forms
of physical or mental violence, injury, abuse, neglect, maltreatment or
exploitation, including sexual abuse.
 Article 20- Governments must provide special protection and assistance to
children who are deprived of their own family environment.
 Article 22- Specifies that refugee children have the same rights as all other
children.
 Article 24- Guarantees children their right “to the enjoyment of the highest
attainable standard of health” and to abolish traditional practices that are
prejudicial to children’s health.
 Article 27- Every child has a right “to a standard of living adequate for the
child’s physical, mental, spiritual, moral and social development”; parents
have the main responsibility for this, but governments are required “within
their means” to assist parents, as well as to provide material assistance and
support in case of need.
 Article 28- Every child’s right to education
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8
http://www.unicef.org/crc/, October 2, 2013, 11:09 IST.
 Article 31- Concerns children’s right “to rest and leisure, to engage in play
and recreational activities appropriate to the age of the child”.
 Article 32- Against economic exploitation
 Article 34- Governments must protect children from sexual exploitation and
abuse. In particular this means preventing the “exploitative use of children in
prostitution” or in pornographic performances and materials.
 Article 35- Requires governments to take action to prevent children from
being trafficked.
 Article 36- Requires governments to protect children “against all other forms
of exploitation prejudicial to any aspects of the child’s welfare”.
 Article 39-Governments have a responsibility to help children recover from
exploitation, neglect or abuse (particularly their physical and psychological
recovery and return and reintegration into the communities they come from).

Research work :

In order to observe the present condition of children in our society, I in a visit to my


area of field work. I planned to have a walk from Big Bazar Vizag to General
Booking Center of Railway Station Vizag , so as to take a note of children working
in different shops as a daily laborers and enquire them about their whereabouts.

Observations made:

 There are around 16 shops between Big Bazar to Railway Station


Visakhapatnam, varying from General Stores, Medicinal Shops, Hair
Dressers, Clothing, Communication, Small Dhabas, Restaurants and few
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guest houses.
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 Children do work in almost all the shops, hair cutting saloon being an
exception to it.
 A child was even seen giving away medicines to the customers.
 Small dhabas and restaurants, could be termed as a hub of child workers as
over here at least a couple of children could be noticed in nearly every shop,
doing some or the other work.
 Children are either given order, or they might be smart enough, as soon as you
enquire about their age, they would definitely answer with 15 + years.
 The couple of children I managed to enquire, replied that they were just
helping in their family business and were not forced for it.
 Regarding the education they replied that though they were enrolled in some
school (even the name of school was not known to him), they were never
regular in it, and while one was not able to recollect the standard he was
studying in.
 Though the children working in these areas do not fall under the clear ambit
of child labor as accordance with national and international norms, still it is
obstructing their way to attain knowledge and creating a adverse effect on
their physical and mental health, thus it needs to be checked.

Story of CHHOTU:

Chhotu is the name of the child, about 10 – 12 year old child, whom I managed to
enquire with. At first he was even hesitant to reveal his name but later he disclosed.
The conversation was possible as at that point of time, he was the only one present
in the shop. He works in a small Dhaba, doing all the cleaning works.
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Chhotu told that he belonged to Srikakulum of AP and is presently working in shop
of his maternal uncle. He belonged to a very poor family which was run alone by his
mother, he was unaware about the mere existence of his father. He insisted of being
16 yrs. old, though looked to be merely of 10 – 12 yrs. His mother use to earn her
living working as a maid in households, and she has willingly sent him to his
maternal uncle so as he could contribute to the earning of his family. He was required
to wash the used utensils in the dhaba, and looked about the cleanliness of the
premises. Regarding his monthly earning he told that he was unaware of all that, as
it was managed by his mother. He claimed to be enrolled in junior high school
affiliated to state government, but at the same time admitted that he had been to
school only 10- 12 times in the past year. All of his requirements were made
available by his uncle, whom he considered to be a genuine person.

Reasons for existence of child labor:

All the way during my research work on “ CHILD LABOUR VIOLATION


OF RIGHT TO EDUCATION OF CHILD “, these all are the possible reasons,
which I could figure out, for presence of “child labor “ in our society :

 The illiteracy among the masses still remains to be the major cause for all the
social evils prevailing, as the literacy rate would increase it would
automatically wash away majority of problems with it.

 The poverty of rural masses compel them to force their children to work to
earn their own living, the problem of overpopulation also adds up to the
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problem is, how can we expect a family earning 1500- 2000 penny a month,
manage all the requirements of all of its 10- 12 members.

 Though the legislative enactments are done but they are not being executed in
the society as they should be, public on its own is making the acts flexible and
there is no one to keep e check on it.

 Imperfect implementation of right to free and compulsory education is also


one of the key factors, the child I enquired informed that he was nearly daily
absent from the government school he was enrolled in, so here comes the duty
of state authority to keep a check on these issues.

Suggestions and concluding remark:

 State and central authorities are trying their bit to tackle the issue, here comes
role of society and community so as to co-operate in execution of legislative
reforms done, and contribute for brighter future of our nation.
 Individuals can also help in the cause by simply spreading the awareness
regarding the issue and doing charity by sharing their part of monthly income
so as for up liftmen of the neediest such as Chhotu.
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 Each and everyone needs to be rational in their approach, we must not
entertain children working at any place, be it small guy delivering newspapers
to us (as in our Hostel), or some other child washing away our used utensils
at Dhabas.

Let us try to achieve our objective of “ZERO CHILD LABOUR “. Apart from a
holistic approach, there is an urgent need to involve local bodies both rural and urban
society. We now need to work in a mission and movement mode, especially at the
national level. Mainstreaming these children is not the only solution but we need to
consider the child and the family together as a unit.

Let us work towards making the words of the greatest man of our country come
true. In words of MAHATMA GANDHI –

“If we are to reach real peace in this world and if we are to carry on a real war
against war, we shall have to begin with children. And if they will grow up in
their natural innocence, we won’t have to pass fruitless, idle resolutions, but we
shall go from love to love and peace to peace.”

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References:

 http://www.ilo.org/global/topics/child-labour/lang--en/index.htm, August 27,


2013, 23:05 IST.
 http://www.un.org/cyberschoolbus/briefing/labour/, August 27, 2013, 23: 17
IST.
 http://portal.unesco.org/education/en/ev.php-
URL_ID=40625&URL_DO=DO_TOPIC&URL_SECTION=201.html
August 27, 2013, 23 : 55 IST.
 http://www.childinfo.org/labour.html, August 28, 2013, 00:17 IST.
 http://www.educationforallinindia.com/page119.html, August 28, 2013,
00:54 IST.
 http://www.unesco.org/new/en/education/themes/leading-the-international-
agenda/right-to-education/, September 01, 2013, 23: 11 IST.
 Legal news and views, volume 23, no 6, June 2009, T A John, A Social Action
Publication, A bondmen of childhood among street children, Sujata Ganguly
and Nalin Singh Negi, pg. 5.
 The Child Labor ( prohibition and regulation ) Act, 1986

 Legal news and views, volume 23, no 11, November 2009, John Chathanatt,
A Social Action Trust Publication, The right of children to free and
compulsory education bill, 2009 fails the test of constitution mandate, Ashok
Agarwal, pg. 2.
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 Legal news and views, volume 23 , no 11, November 2009, John Chathanatt
, A Social Action Trust Publication, Right to education and children’s right
approach , Prahlad Singh Shekhawat, pg 4.

 Legal news and views, volume 23, no 11, November 2009, John Chathanatt,
A Social Action Trust Publication, Rights of child and child labor in India: A
critical study, Mrs. Jayashree V Doddawadmath and Dr Ramesh, pg. 6.

 Lex Witness, volume 3, issue 12, July 2012, P B A Srinivasan, Right of


children to elementary education: Analysis of apex court’s landmark
judgments, Dr Virendra Kumar, pg. 24.

 Legal news and views, volume 25 , no 6, June 2011, John Chathanatt, A Social
Action Trust Publication, Right to education act, 2009: Issue and challenges
in the light of national and international obligations, Dr. Tarun Arora, pg. 15.

 Economic and political weekly, September 20- 26, 2008, volume XLIII, no
38, Sameeksha trust publication, Education policy and practice: Case study,
Radhika Iyengar and Sharmi Swianarain, pg. 63.

 Legal Research Methodology, Asia law house Hyderabad, Doctrinal research


or traditional research, Dr. T Padma and K P C Rao, pg.30.
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 http://educationenvoy.org/child_labor_and_education_US.pdf , Child labor
and educational disadvantage- bringing the link, building opportunity,
Gordon Brown, October 4, 2013, 15:07 IST.

 http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf, Anonymous,
October 4, 2013, 14:34 IST.

 http://library.fes.de/pdf-files/ipg/ipg-2001-3/artashraf.pdf, Children laborers


without alternative, Shahid Ashraf, October 5, 2013, 23:44 IST.

 http://www.unicef.org/protection/files/child_labour.pdf, Fact sheet: Child


labor, October 5, 2013, 23:58 IST.

 http://www.streetchildren.org.uk/_uploads/Publications/child-labour-
today.pdf, UNICEF and UK initiative, End child exploitation : report, Mike
Dottridge and Liz Stuart, October 5, 2013, 23:21 IST.

 Journal of Economic Literature, September 1999, Vol. XXXVII, Child Labor:


Cause, Consequence, and Cure, with Remarks on International Labor
Standards, Kaushik Basu, pg. 1083.

 Introduction to the Constitution of India, Lexis Nexis Butterworths wadhwa,


Fundamental rights and fundamental duties, D D Basu, pg. 115.
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