Labour Project

7/25/2019 Labour Project

1/27

DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

CHILD LABOUR AND THE LAWS OF NATIONAL AND

INTERNATIONAL PERSPECTIVES- A CRITIQUE

LABOUR LAW- II

MADHU RANA

G. NAGA LAHARI

ROLL NO: 20!0"#

V SEMESTER

1


2/27

CERTIFICATE

2


3/27

ACKNOWLEDGEMENT

I consider myself lucky that I got the chance to do a work on this topic that was to Child

Labour and the laws of National and International perspectives- A Critique!

I thank the sub"ect teacher# $adhu %ana# for letting me choose the topic

3


4/27

ABSTRACT

In the later part of 20th century, child labour remains a serious problem in numerous parts of

the world. Many of the children live in the underdeveloped countries in Latin America,

Africa, and in Asia. Their living conditions are very crude and their chances for education

too minimal. The income they bring is, however, necessary for survival of their families. In

other cases, children are bonded, woring to pay off initial cash in advance from the

employer with escalating interest which leaves them effectively as slaves. In this research

wor, information has been taen from the various legal and programmatic initiatives

undertaen in India over the last !0 years and to address the problem of the child labour.

These programmes remain committed to the full eradication of all the forms of child labour.

"herever, it might e#ist in India, beginning with most e#ploitative and also ha$ardous forms

and have adopted this goal as a part of country policy. %oth the Indian courts and also the

&ational 'uman (ights )ommission have been paying the increasing attention to issue.

India has also been participating in the International *rogrammes on +limination of )hild

Labour of the IL. %ut the problem still remains vast, and finding resources for their

rehabilitation schemes, given the magnitude of the problem, is the continuing challenge.

4


5/27

TABLE OF CONTENTS

TITLE PAGE NO

CERTIFICATE 02

ACKNOWLEDEMENT 0!ABSTRACT 0"

. OBJECTIVE 0#

2. INTRODUCTION 0#

!. HYPOTHESIS 0$

". RESEARCH METHODOLOGY 0$

%. CAUSES OF CHILD LABOUR 0

&. CHILD LABOUR IN INDIA: OVERVIEW 0

'. CHILD LABOUR: GLOBAL PROSPECTIVE

#. CHILD LABOUR LAWS IN INDIA ( WORLD

#.. CONSTITUTIONAL PROVISIONS IN INDIA

#.2. CHILD LABOUR LAWS IN WORLD

2

2

"

$. ACTS FORMULATED TO COMBAT THE PROBLEM OF

CHILD LABOUR

'

0. WHAT NEEDS TO BE DONE TO ABOLISH CHILD

LABOUR

22

CONCLUSION

BIBLIOGRAPHY

Books

Statues

Reports

Articles

Websites

22

2!

2!2!

2"

2"

LIST OF CASES

!- M.). Mehta v tate of Tamil &adu,&'(()* ) +CC ,)

5


6/27

2- *eople union democratic republic v /I, '(./ AI% '0,1# '(.1 +C% &'* 0)

- alal 'ydro *ro1ect v tate of 34, '(.0 AI% ',,# '(.1 +C% &/* 0,1

4) %andhua muti morcha v /I, '(.0 AI% .2/# '(.0 +C% &/* ),

5) +mployer in relation to the management of 5.) of %))L v wormen represented by

%ihar )olliery amgar /nion, /221 +CC &L3+* 12

ABBREVIATIONS

AC45%- African Charter on 4uman 3 5eople6s %ight

C%C- Convention on %ights of Children

6


7/27

7%C- 7eclaration of %ights of Children

ICC5%- International Covenant on Civil 3 5olitical %ights

839- 8ammu 3 9ashmir

$AC- $inimum Age Convention

+C - +upreme Court

:N- :nited Nations

:;I- :nion of India

v- CLC- =orst >orms of Child Labour Convention

. OBJECTIVE

?he main ob"ective is to present a detailed study of Child Labour of national and

International Law perspectives through various books# suggestions# different writings and

articles

2. INTRODUCTION

7


8/27

Children are the greatest gift to humanity and Childhood is an important and impressionable

stage of human development as it holds the potential to the future development of any

society Children who are brought up in an environment# which is conducive to their

intellectual# physical and social health# grow up to be responsible and productive members of

society @very nation links its future with the present status of its children y performing

work when they are too young for the task# children unduly reduce their present welfare or

their future income earning capabilities# either by shrinking their future eBternal choice sets

or by reducing their own future individual productive capabilities':nder eBtreme economic

distress# children are forced to forego educational opportunities and take up "obs which are

mostly eBploitative as they are usually underpaid and engaged in haardous conditions

5arents decide to send their child for engaging in a "ob as a desperate measure due to poor

economic conditions It is# therefore# no wonder that the poor households predominantly send

their children to work in early ages of their life ;ne of the disconcerting aspects of child

labour is that children are sent to work at the eBpense of education ?here is a strong effect of

child labour on school attendance rates and the length of a child6s work day is negatively

associated with his or her capacity to attend school Child labour restricts the right of children

to access and benefit from education and denies the fundamental opportunity to attend school

Child labour# thus# pre"udices children6s education and adversely affects their health and

safety/

?he question arises in every mind concerned with child labour that what leads to child

labourD ?he reasons areE 5oor family and less income leads to child labour# ignorance of

parents towards education results in lack of education of child and he have no other options

but to work and earn his livings# children are found to be better producers of certain products

such as carpets and other such kinds of goods# discrimination on grounds including gender#

race or religion also plays its part in why some children work at such tender age# child

trafficking is another cause of child labour# in domestic matters children can be made to work

easily and at the low wages1

3. HYPOTHESIS

1 httpEFFwwwlocgovFlawFhelpFchild-rightsFinternational-lawphp# last visited on th;ctober# /2' at

)5$

2Government of India# 5lanning Commission# =orking Group for +ocial inclusion of


9/27

?he IL; was the first international organiation to adopt binding rules on child labour

Among its earliest conventions was C of '('( concerning child labour in industrial

employment It adopted a further three conventions on child labour in '(/2 and '(/' and

four in '(126s All these treaties were based primarily on the setting of minimum ages for

admission to employment# and they were sector-specific# focusing on the manufacturing

industry# seafaring# agriculture# trimming and stoking and services &or non-industrial

employment* ?he other global International documentation of child labour laws is $inimum

age convention of '(,1 and :N Convention on the %ights of the Child '(.( ?he regional

documentations are African Charter on the %ights and =elfare of the Child '((2 and

@uropean Convention on the @Bercise of Children6s %ights '(() Concerns raised about the

new laws includeE the laws criminalise working children# the approach taken does not address

the reasons why children workE in order that they and their families can survive# the

government has not made a commitment to children6s right to education this is one of the

reasons that children work# government raids to enforce the laws only worsen the situation

for the child as they are forced to work in worse conditions and in secrecy

". RESEARCH METHODOLOGY

".. R)*)+ Q/)*13*

'* =hat leads to child labourD

/* =hy child labour considered as serious burning problemD

1* =hat are the Acts formulated to combat the problem of child labourD0* =hat are the strategies adopted for the elimination of child labourD

* =hat are child labour perspectivesD

".2. S/)* 4 D++

?he primary sources of data are internet source and books

".!. M)5 4 W1136

?he research paper is in theoretical in nature

".". M5) 4 C1+13

?he mode of citation used in this paper is 4arvard lue ook Citation .

%. CAUSES OF CHILD LABOUR

Child labour persists even though laws and standards to eliminate it eBist Current causes of

global child labour are similar to its causes in the :+ '22 years ago# including poverty#

3Child labour# httpEFFwwwlegalserviceindiacomFarticleFl/')-Child-Labourhtml#last seen on '(th

+eptember# /2' at ) 5$

9
http://www.legalserviceindia.com/article/l216-Child-Labour.htmlhttp://www.legalserviceindia.com/article/l216-Child-Labour.html


10/27

limited access to education# repression of workers6 rights# and limited prohibitions on child

labour0 @veryone agrees that child labour is a plague but most families know they don6t

have much choiceE not putting a child to work means there won6t be enough food on the table

for everyone

?he main causes of child labour are poverty# over population# parental illiteracy and want

more income# lack of schools for study# high education and living cost# weak laws to protect#

Adult unemployment and :rbaniation# Lack of education and eBposure# wrong intention of

factories) ?he reasons include cultural values# educational problems like distance from

school# poor quality of education# over-crowding# inability to support schooling &food#

uniforms# eBercise books# school fees# etc* family disintegration due to divorce various

conflicts# war and civil strife drought and resettlement orphanhood due to AI7+ and rapid

urbaniation,

&. CHILD LABOUR IN INDIA: AN OVERVIEW

Child labour is an integral part of labour force# especially in poor countries .?hese children

are the most deprived section of population forced to enter labour market at tender age to earn

a pittance or to contribute to family work# sacrificing personal development

In India# child labour is not a new phenomenon It has been in eBistence sine time

immemorial in one form or the other and has been changing from time to time =ith the

advent of industrialiation and urbaniation in the early '( thcentury# factory and industry

began taking the place of handicrafts Agriculture became more mechanied ?his gave rise to

landless labourers And consequently# there was an unbroken stream of the rural poor

4httpsEFFwwwcontinuetolearnuiowaeduFlaborctrFchildJlaborFaboutFcauseshtml#last visited on 0th

;ctober# /2' at 05$

5httpEFFwwwpovertiesorgFchild-labor-in-indiahtml#last visited on 0 th;ctober# /2' at 0 5$

6httpEFFwwwindiacelebratingcomFsocial-issuesFchild-labour-in-indiaF# last visited on 0 th;ctober#

/2' at 0 5$

7httpEFFwwwiloorgFipecF%egionsandcountriesFAfricaF=C$+J'2'')'Flang--enFindeBhtm#last

visited on 0th;ctober# /2' at 0 5$

84yypEFFwwwlabournicin#international program on child labour# last visited on 0th

;ctober# /2' at0'2 5$

10
https://www.continuetolearn.uiowa.edu/laborctr/child_labor/about/causes.htmlhttp://www.poverties.org/child-labor-in-india.htmlhttp://www.indiacelebrating.com/social-issues/child-labour-in-india/http://www.ilo.org/ipec/Regionsandcountries/Africa/WCMS_101161/lang--en/index.htmhttps://www.continuetolearn.uiowa.edu/laborctr/child_labor/about/causes.htmlhttp://www.poverties.org/child-labor-in-india.htmlhttp://www.indiacelebrating.com/social-issues/child-labour-in-india/http://www.ilo.org/ipec/Regionsandcountries/Africa/WCMS_101161/lang--en/index.htm


11/27

migrating to urban centres in search of livelihood >actory# on the other hand# required cheap

and plentiful labour Children started being employed both on farms and in factories because

they provided a cheap and uncomplaining labour force as against adults who could be more

demanding and hence more difficult to handle Children are preferred as they are not

unionied# can be easily controlled# tortured# and eBploited without any fear of backlash

$oreover# children are better suited to "obs like brick making# carpet weaving# and silk

spinning etc their cheapness and remote possibility of collective bargaining on their part on

their part makes them vulnerable and induced producers to employ and eBploit the child

labour

?he importance of education is neglected for the child and replaced with necessity of

providing food and shelter ie children work to supplement meagre family income or

otherwise to help the family business In doing so# they are being denied of basic rights such

as the right to education# to freedom from abuse# and to proper health ?herefore# there is a

need to look the problem of child labour from a multi dimensional aspect to understand and

address the same in a society where the parents are programmed to undermine the value of

education# poverty persists and century old traditions upheld

?he presence of a large number of child labourers is regarded as a serious issue in terms of

economic welfare Children who work to fail to get necessary education ?hey do not get the

opportunity to develop physically# intellectually# emotionally and psychologically Children in

haardous working conditions are in worse condition Children who work# instead of going to

school remain illiterate(

'. CHILD LABOUR : GLOBAL PROSPECTIVE

Child labour refers to the employment of children in any work that deprives children of their

childhood# interferes with their ability to attend regular school# and that is mentally#

physically# socially or morally dangerous and harmful ?his practice is considered

eBploitative by many international organisations Legislations across the world prohibit child

labour ?hese laws do not consider all work by children as child labour eBceptions include

work by child artists# supervised training# certain categories of work such as those by children

and others

9Child Labour in India K %ights# =elfare and 5rotection by 7ipak 7as# /2''# pg '/(

11


12/27

Child labour was employed to varying eBtents through most of history efore '(02#

numerous children aged -'0 worked in @urope# the :nited +tates and various colonies of

@uropean powers ?hese children worked in agriculture# home-based assembly operations#

factories# and mining and in services such as newsies +ome worked night shifts lasting '/

hours =ith the rise of household income# availability of schools and passage of child labour

laws# the incidence rates of child labour fell'2

In developing countries# with high poverty and poor schooling opportunities# child labour is

still prevalent In /2'2# sub-saharan Africa had the highest incidence rates of child labour

with several African nations witnessing over 2 percent of children aged -'0 working

=orldwide agriculture is the largest employer of child labour


13/27

*/ +33) +* ) S+), ive Hear 5lan &/2'/-',*

13
http://labour.nic.in/http://labour.nic.in/


14/27

As in case ofM.). Mehtav tate of Tamil &adu#'0 the sc while interpreting Article /' held

that right to receive education by child worker until they complete '0 years of age is an

integral part of right to life and personal liberty In people union democratic republic v /I,

the +C directed the state government to amend the schedule of the employment of children

Act# '(1. >urther Court held that construction work is haardous occupation In alal 'ydro

*ro1ect v tate of 34, it was held that child labour is a difficult problem and it is purely on

account of economic problem and it is purely on account of economic problem and it cannot

be solved by mere legislation +o long poverty continues the problem of child labour

eradication is not possible In %andhu muti morcha v /I, the +C held that child today

should be developed to be developed to be responsible and productive and child should be

assured social and physical health

#.2. C175 L+


15/27

have first been stated in the Geneva 7eclaration of 4uman %ights# '(/0 and was recognised

in the universal declaration of 4uman %ights# '(0. provides that motherhood and childhood

are entitled to special care and assistance All children# whether born in or out of wedlock#

shall en"oy the same protection! %ights are free and compulsory elementary education to

children is assured by Article /)'):nder International Global documentation

16+N $isra# Labour 3 Industrial Laws# /0th

edition# Central law 5ublications# /22(# Allahabad# pg.,0

15


16/27

D)7++13 4 ) R16* 4 ) C175 $%$: ?he :N 7eclaration of the %ights of the

Child &7%C* builds upon rights that had been set forth in a League of Nations 7eclaration of

'(/0 ?he 5reamble notes that children need special safeguards and care# including

appropriate legal protection# before as well as after birth#! reiterates the '(/0 7eclaration6s

pledge that mankind owes to the child the best it has to give#! and specifically calls upon

voluntary organiations and local authorities to strive for the observance of children6s

rights',;ne of the key principles in the 7%C is that a child is to en"oy special protection! as

well as opportunities and facilities# by law and by other means#! for healthy and normal

physical# mental# moral# spiritual# and social development in conditions of freedom and

dignity! ?he paramount consideration! in enacting laws for this purpose is the best

interests of the child#! a standard echoed throughout legal instruments on children6s rights

Among other 7%C principles# a child is entitled to a name and nationality to adequate

nutrition# housing# recreation# and medical services to an education and# for the

handicapped# to special treatment# education and care!'.;ther principles are on protection

against neglect# cruelty and eBploitation# trafficking# underage labour# and discrimination

17 Geraldine


17/27

M131/ A6) C38)313 $'!E ?he aim of the $inimum Age Convention &$AC* is to

establish a general instrument on the sub"ect of the minimum age of employment with a view

to achieving the total abolition of child labour &5reamble* ?hus# each +tate 5arty is to

pursue a national policy designed to ensure the effective abolition of child labour and to

raise progressively the minimum age for admission to employment to a level consistent with

the fullest physical and mental development of young person6s! &article '* +tates 5arties

must specify a minimum age for admission to employment or work# sub"ect to certain

eBceptions set forth in the $AC ?hat minimum may not be less than the age of completion

of compulsory schooling and# in any case# less than fifteen years# but it may initially be set at

fourteen years if a state6s economy and educational facilities are insufficiently developed

&article /* @Bceptions to the age limits may also be permitted for light work or for such

purposes as participation in artistic performances &articles , and .* If the employment may

be haardous to a young person6s health# safety# or morals# the minimum age is generally not

to be less than eighteen years &article 1&'**

U.N. C38)313 3 ) R16* 4 ) C175 $#$: ?he Convention on the %ights of the

Child &C%C* is the most comprehensive document on the rights of children ased purely on

the number of substantive rights it sets forth# as distinct from implementation measures# it is

the longest :N human rights treaty in force and unusual in that it not only addresses the

granting and implementation of rights in peacetime# but also the treatment of children in

situations of armed conflict ?he C%C is also significant because it enshrines# for the first

time in binding international law# the principles upon which adoption is based# viewed from

the child6s perspective!?he C%C is primarily concerned with four aspects of children6s rights

&the four M56s!*E participation by children in decisions affecting them protection of children

against discrimination and all forms of neglect and eBploitation prevention of harm to them

and provision of assistance to children for their basic needs >or the purposes of the C%C# a

child is defined as every human being below the age of eighteen years unless under the law

applicable to the child# ma"ority is attained earlier! &article '*

?he regional documentations are A41+3 C+) 3 ) R16* +35 W)74+) 4 ) C175

$$0: where the preamble of the charter states that the child occupies a unique and

privileged position in the African society! and require legal protection as well as particular

care with regard to health# physical# mental# moral and social development!

17


18/27

T) E/9)+3 C38)313 3 ) E@)1*) 4 C175)3* R16* $$& E stresses in the

5reamble the aim of promoting the rights and best interests! of children '(

?he specific provisions of child rights in other International and regional instruments areE

I3)3+13+7 C8)3+3 3 E31, S1+7 +35 C/7/+7 R16* $&&E It states thatinsofar as it recognies the indivisibility of human rights# is applicable to children6s rights as

well ?hus# it notes that recognition of the inherent dignity and of the equal and inalienable

rights of all members of the human family is the foundation of freedom# "ustice and peace in

the world! and that these rights derive from the inherent dignity of the human person!

I3)3+13+7 C8)3+3 3 C1817 +35 P711+7 R16* $&&: ?he International Covenant on

Civil and 5olitical %ights &ICC5%* contains general provisions from which children are

entitled to benefit as well as certain specific provisions on safeguards for children in theadministration of "ustice and as members of a family unit

A41+3 C+) 3 H/+3 +35 P)97)* R16* $# B+3/7 C+) +35 P7:

?he African Charter on 4uman and 5eople6s %ights &hereinafter AC45%* &also known as the

an"ul Charter* encompasses civil and political as well as economic# social# and cultural

rights In regard to children# it emphasies the rights of the family and of duties towards the

family rather than the rights and duties of individual family members# which can be viewed

as a reflection of African customary law ?hus# the AC45% makes it incumbent on the

individual to preserve the harmonious development of the family and to work for the

cohesion and respect of the family to respect his parents at all times# to maintain them in case

of need! &article /(&'** ?he AC45% does not set forth any additional specific rights for

children# relying instead on eBisting international protections regarding children6s rights &in

article '.&1** As in other international human rights documents# however# rights in the

AC45% are mentioned in connection with the individual! or every individual!

19 httpEFFwwwcrinorgFdocsF%uBton/2%eportJ=hatAbout:spdf # last visited on th

;ctober# /2'at , 5$

18
http://www.crin.org/docs/Ruxton%20Report_WhatAboutUs.pdfhttp://www.crin.org/docs/Ruxton%20Report_WhatAboutUs.pdf


19/27

H+6/) C38)313 3 J/1*5113, )., 4 ) P)13 4 C175)3 $$&: ?he 4ague

Convention on 8urisdiction# Applicable Law# %ecognition# @nforcement and Co-operation in

%espect of 5arental %esponsibility and $easures for the 5rotection of Children &'(()

Convention* covers a wide range of civil child protection measures# from orders concerning

parental responsibility and contact to public measures of protection or care# and from matters

of representation to the protection of children6s property! ?he 5reamble confirms that the

best interests of the child are to be a primary consideration!

T) E/9)+3 C38)313 C3)3136 ) C/*5; 4 C175)3 $#0E ?he @uropean

Convention on the %ecognition and @nforcement of 7ecisions Concerning the Custody of

Children &the LuBembourg Convention* seeks to protect the rights of custody and access to

children in the international conteBt It calls upon the central authorities designated by +tates

5arties to provide free# prompt# non-bureaucratic assistance! in determining the whereabouts

and restoring custody of an improperly removed child

W* F* 4 C175 L+orms of Child Labour

Convention &=>CLC* refers in the 5reamble to the need to adopt new instruments for the

prohibition and elimination of the worst forms of child labour# to complement the

Convention and the %ecommendation Concerning $inimum Age for Admission to

@mployment# '(,1# which remain fundamental instruments on child labour/2

$. ACTS FORMULATED TO COMBAT THE PROBLEM OF CHILD LABOUR

?he Acts formulated to combat the problem of child labour are belowE

MINIMUM WAGES ACT, $"#: It provides for fiBation of minimum wages by state

government It also includes the fiBation of minimum piece rate of wages# guaranteed time

rates for wages for different occupations and localities or class of work and adult#

adolescence# children and apprentices ?he Act is aimed at occupations# which are less well

organised and more difficult to regulate# where there is much scope for eBploitation of labour

THE PLANTATION LABOUR ACT:?he employment of children between the ages of '/

years is prohibited under the Act 4owever# the Act permits the employment of child above

'/ years only on a fitness certificate from the appointed surgeon

20 httpsEFFbooksgooglecoinFbooksDidqNO-

0.n)HOC3pg5A'3lpg5A'3dqchildPlabourPlawPinPinternationalPperspective3sourcebl3ot

s.lQO%l+my3sigpm9fdOb85GqkcaJo.AQn


20/27

THE MINES ACT, $%2: It states that no child shall be employed in any mines nor shall any

child be allowed to be present in any part of mine# which is below ground# or in any open cast

working in which any mining operations being carried on

+ection 02 of the Act# defines the employment of persons below eighteen years of age As in

case of+mployer in relation to the management of 5.) of %))L v wormen represented by

%ihar )olliery amgar /nion,2!where the appellant had challenged the order of the 4igh

Court which dismissed the appeal though holding the questioned appointment of '' person

who were medically eBamined and were found to be underage in the year '(,1# the year of

appointment Inspite of this it further held# underage disability now vanishes

THE MERCHANT SHIPPING ACT, $%#: ?he Act prohibits employment of children

below the age of '0 in a ship eBcept a training ship# home ship or a ship where other family

members work It also prohibits employment of young person6s below the age of '. as

trimmers and stokers eBcept under certain specific conditions

THE APPRENTICES ACT, $&: It states that no person shall be qualified for being

engaged as an apprentice to undergo apprentice ship training in any designed trade unless he

is '0 years of age and satisfied such standards of education and physical fitness as may be

prescribed 4owever# across the world# millions of children do eBtremely haardous work inharmful conditions# putting their health# education# personal and social development# and

even their lives at risk ?hese are some of the circumstances they faceE

>ull-time work at a very early age

7angerous workplaces

@Bcessive working hours

+ub"ection to psychological# verbal# physical and seBual abuse

;bliged to work by circumstances or individuals

Limited or no pay

=ork and life on the streets in bad conditions

Inability to escape from the poverty cycle- no access to education //

THE FACTORIES ACT, $"#: ?he >actories Act eBpressly prohibited child labour under

its significant provision ?his is nothing but a protection given to the child workers against

eBploitation

21 2003 SCC (L&S) 30

22 +upra note /

20


21/27

THE CHILDREN ACT, $&0: ?his is also important legislation which prohibits

employment of children for begging and eBploitation of child employee

T) J/8)317) J/*1) C+) +35 P)13 4 C175)3 A 4 20006 ?his law made it a

crime# punishable with a prison term# for anyone to procure or employ a child in any

haardous employment or in bondage ?his act provides punishment to those who act in

contravention to the previous acts by employing children to work

T)R16 4 C175)3 F)) +35 C9/7*; E5/+13 A 4 200$6 ?he law

mandates free and compulsory education to all children aged ) to '0 years ?his legislation

also mandated that / percent of seats in every private school must be allocated for children

from disadvantaged groups and physically challenged children

THE CHILD LABOUR PROHIBITION ( REGULATION ACT, $#&: ?he main

ob"ect of the said Act is to prohibit the engagement of children in certain employments and

regulation of condition of work of children in certain other employments/1ut 5art III of the

Act defines about the haardous occupations for the M5rohibition of employment of children

in certain occupations and processes6 ?he +chedule gives a list of haardous occupations in

two parts# vi A and

P+ Aprovides that# No child shall be employed or permitted to work in any of the

following occupationsE

' ?ransport of passengers# goods or mails by railway

/ Cinder picking# clearing of an ash pit or building operation in the railway premise

1 =ork in a catering establishment at a railway station# involving the movement of

vendor or any other employee of the establishment from one platform to another or into or

out of a moving train

0 =ork relating to the construction of railway station or with any other work where

such work is done in close proBimity to or between the railway lines

?he port authority within the limits of any port

) =ork relating to selling of crackers and fireworks in shops with temporary licenses

, AbattoirsFslaughter 4ouses

23 Dr. V. G. Goswami, Labour & !"us#ria$ Laws, 9#%

"i#io!, C'!#ra$ $aw'!*+(2011), .613

21


22/27

. Automobile workshops and garages

( >ounderies

'2 4andling of taBies or inflammable substance or eBplosives

'' 4andlom and powerloom industry

'/ $ines &:nderground and under water* and collieries

'1 5lastic units and >iber glass workshop

P+ BE provides that# No child shall be employed or permitted to work in any of the

following workshop wherein any of the following processes is carried on

' eedi making

/ Carpet =eaving

1 Cement manufacture including bagging of cement

0 Cloth printing# deying and weaving

$anufacture of matches# eBplosive and fireworks

) $ica cutting and splitting

, +hellac manufacture

. +oap manufacture

( ?anning

'2 =ool cleaning

'' uilding and construction industry

'/ $anufacture of slate pencils &including packing*

'1 $anufacture of products of agate

'0 $anufacturing processes using toBic metals and substances such as lead# mercury#

manganese# chromium# cadmium# benene# pesticides and asbestos

22


23/27

' All 4aardous process an defined in section /&cb* and dangerous operations

as notified in ruler made under section ., of the factories Act '(0.

') 5rinting &as defined in section /&k* of the factories Act '(0.

', Cashew and cashew nut descaling and processing

'. +oldering process in electronic industries

'( Agarbathi manufacturing

/2 Automobile repairs and maintenance &namely welding lather work# dent beating and

printing*

/' rick kilns and %oof files units

// Cotton ginning and processing and production of hosiery goods

/1 7etergent manufacturing

/0 >abrication workshops &ferrous and non-ferrous*

/ Gem cutting and polishing

/) 4andling of chromites and manganese ores

/, 8ute teBtile manufacture and of coir making

/. Lime kilns and manufacture of lime

/( Lock making

12 $anufacturing process having eBposure to lead such as primary and secondary smelting#

welding etc

1' $anufacture of glass# glass ware including bangles fluorescent tubes bulbs and other

similar glass products

23


24/27

1/ $anufacturing of cement pipes# cement products# and other related work

11 $anufacture of dyes and dye stuff

10 $anufacturing or handling of pesticides and insecticides

1 $anufacturing or processing and handling of corrosive and toBic substances# metal

cleaning and photo enlarging and soldering processes in electronic industry

1) $anufacturing of burning coal and coal briquette

1, $anufacturing of sports goods involving to synthetic materials# chemicals and leather

1. $oulding and processing of fiber glass and plastics

1( ;il eBpelling and refinery

02 5aper making

0' 5otteries and ceramic industry

0/ 5olishing# moulding# cutting welding and manufacture of brass goods in all forms

01 5rocess in agriculture where tractors# threshing and harvesting machines

00 +aw mill all process

0 +ericulture processing

0) +kinning dyeing and process for manufacturing of leather and leather products

0, +tone breaking and stone crushing

0. ?obacco processing including manufacturing of tobacco# tobacco paste and handling of

tobacco in any form

0( ?yre making repairing# re-trading and graphite beneficiation

2 :tensils making polishing and metal buffing

24


25/27

' Qari $aking &all process*

0. WHAT NEEDS TO BE DONE TO ABOLISH CHILD LABOUR

MODIFY PARENTS ATTITUDES with respect to need for help# education#

recreation for children# rights for children and responsibilities of parents# education

and vocational skill training

STRENGTHEN compulsory education# neighbourhood schools need to attract and

motivate the girls and boys

PROVIDE neighbourhood child care# crTche services so that girls are not retained at

home for babysitting when the mothers go out for work

USE MASS MEDIA for creating awareness with respect to the need of children

STRENGTHEN EMPLOYMENT GENERATION minimum wage and such other

programme to provide employment to men and women in the family

COOPERATIONS OF GOVERNMENT and voluntary organiation is needed

eradicate child labour completely/0

CONCLUSION

Child labour is big issue in India Government made many policies for stopping the child

labour but the problem is that these policies are not properly implemented $ost of the

peoples in the villages are illiterate government should implement policies by which they can

be aware of the bad impact of child labour @radication of child labour is not an easy task

preventive strategies are more sustainable in the long run ;ne of the ma"or preventive

strategies# which must feature in any national child labour eradication policy# is the role of

social mobiliation and community participation It is vital to ensure that children stay at

home and go to formal government schools rather than leave home to work full time ?here

has to be a national campaign to invoke public interest and large-scale awareness on this

issue# there is a need for an eBtensive awareness generation campaign launched over a period

of time at the centre and state on a sustained basis Child labourers are spread across the

country working in dispersed villages and slums ?he eradication of child labour cannot be

done by the labour department alone as it is so under-staffed Labour department needs to

have a cadre of youth volunteers who can be trained as Msocial mobilisers6 who will be

responsible for withdrawing children from work as well as monitoring school dropouts and

children with irregularity of attendance It is understood that if such children are not tracked

24 Dr. S.-. uri, Labour a!" !"us#ria$ Laws, 9#%

"i#io!, $$a%aba" Law '!*+(2005), . 588

25


26/27

they would "oin the labour force as child labour Children are the future of country they must

be protected from ant type of works

BIBLIOGRAPHY

Books

'* Child Labour in India K %ights# =elfare and 5rotection by 7ipak 7as

/* 5roblems of Child Labour in India by %a" 9umar +en and Asis 7as Gupta

1* Labour 3 Industrial Laws by +N $isra

0* ?he International Law on the %ights of the Child by Geraldine ive

Hear 5lan &/2'/-',*

Articles

'* +tephen % Arnott# >amily LawE Autonomy# +tanding# and Children6s %ights, 11

=illiam $itchell Law %eview .2( &/22,* Arnott notes that the very term

Mchildren6s rights6 is both broad and loose#! pg .2.

26


27/27

/* Geraldine

Labour Project

Documents

Transcript of Labour Project