Introduction

According to the Child Labour (Prohibition and Regulation) Act, 1986, a “child” is defined as a person who has not completed the age of fourteen years. Unfortunately, many children are forced into labor, depriving them of their childhood and potential. As per the 2011 census, there are approximately 10.1 million child laborers in India. This article will provide an overview of the relevant legislations and regulations in India aimed at combating child labor.

Important Definitions of Child Labour

The definitions of child labor vary across organizations:

• International Labour Organisation (ILO): Defines child labor as work that deprives children of their childhood and is harmful to their physical and mental development.
• UNICEF: Considers a child involved in labor if they engage in economic activities or domestic work exceeding specified hours.
• India’s Census 2001: Defines child labor as participation in any economically productive activity by a child under 17 years of age.

Causes of Child Labour

Several factors contribute to child labor in India:

• Poverty: Many families rely on their children’s income to survive.
• Previous Debts: Families often involve children in work to repay debts.
• Professional Needs: Certain industries require delicate work that children can perform.
• Lack of Alternatives: Limited access to quality education forces children into labor.
• Social Causes: Illiteracy and social backwardness contribute to child labor.
• Family Tradition: Children often follow in their parents’ footsteps in their professions.
• Addiction, Disease, or Disability: Families may depend on children’s wages due to the inability of adults to work.
• Poor Compliance with Laws: Existing laws are not effectively enforced.
• Discrimination: Gender discrimination often leads to girls being denied education.

International Legal Framework Regarding Child Labour

The International Labour Organization (ILO) has established conventions to combat child labor:

• Minimum Age Convention, 1973 (No.138): Requires countries to set a minimum age for employment.
• Worst Forms of Child Labour Convention, 1999 (No.182): Aims to eliminate the worst forms of child labor.

Child Labour Laws in India

India has enacted several laws to combat child labor:

• The Factories Act of 1948: Prohibits the employment of children below 14 years in factories.
• The Mines Act of 1952: Prohibits the employment of children below 18 years in mines.
• The Child Labour (Prohibition and Regulation) Act of 1986: Prohibits the employment of children in hazardous occupations.
• The Right of Children to Free and Compulsory Education Act of 2009: Mandates free education for children aged 6 to 14 years.
• The Minimum Wages Act, 1948: Establishes minimum wage rates for various jobs, including those involving children.
• The Employment of Children Act, 1938: Prohibits the employment of children in certain hazardous occupations.

Efforts by the Government of India

The Indian government has implemented various programs to combat child labor:

• National Child Labour Projects: Provide non-formal education and vocational skills.
• Sarva Shiksha Abhiyan: Aims to provide universal elementary education.
• Midday Meal Scheme: Improves nutritional status and encourages school attendance.

Recommendations for Effective Implementation of Child Labour Laws

To effectively combat child labor, the following recommendations are suggested:

• Enhance community awareness about the importance of education.
• Implement poverty eradication programs.
• Strengthen local governance to monitor child labor policies.

Conclusion

Raising awareness about the consequences of child labor and enforcing existing laws is crucial for combating this issue in India. Every individual must recognize the importance of education for children, as they are the future of the nation.

FAQs

• Is working under 18 illegal in India? Yes, hiring children below 14 years is illegal, and adolescents aged 14-18 cannot work in hazardous occupations.
• What is the child labour age limit in India? No child below 14 years can be employed in any factory or hazardous work.
• What effects does the pandemic have on child labour? The COVID-19 pandemic has exacerbated child labor issues due to school closures and economic hardships.
• What is the definition of child labour given by ILO? According to ILO, child labour is defined as “work that harms children’s physical and mental development, and robs them of their youth, their potential, and their dignity.”
• How many children are employed as child labourers in India? Around 12.9 million Indian children between the ages of 7 and 17 are working, according to the ILO.