arious issues regarding child labor have been of
concern over several decades and addressed periodically by national and
international agencies. Child labor is a global, ubiquitous occurrence,
mostly in countries with low resources [1]. The patterns of work and
working conditions vary in such countries with their vastly dissimilar
socioeconomic conditions and traditional attributes, but the ultimate
consequence is sub-optimal physical and intellectual development when
the child grows up. The prevalence of child labor is highest in African
countries, where 20% of all children are involved in labour, with 9% in
hazardous work [2]. An early report briefly described the situation of
child labor in India [3]. The fast growing Indian economy has led to
socioeconomic disparities with high rates of illiteracy and
malnutrition. In modern era, a large majority of people in many
countries remain in impoverished conditions. Within a country, the gulf
between the affluent and educated and the poor and illiterate has
greatly widened and exploitation of the underprivileged and marginalized
by those in power and authority is a common practice.
Recently the term ‘modern slavery’ has been used to
refer to engagement of children in different forms of work without their
permission to refuse such work. Modern slavery is a cause for global
public health concern [4]. Freedom may be taken away by threats,
violence, coercion, deception and abuse of power [5]. A broad
description of modern slavery would include forced labor and
child trafficking, bonded labor or debt bondage, domestic servitude and
recruitment, and use of child soldiers as combatants or other work by
paramilitary or other organizations [6]. In India, slavery would
strictly apply to children in bonded servitude and those trafficked into
sexual work. However, there are milder, subtle forms of slavery where
freedoms and opportunities and learning are restricted, and are
detrimental to child development.
Definitions
Child labor: The International Labor Organization
(ILO) defines child labor as work that deprives children of their
childhood, potential and dignity and that is harmful to physical and
mental development. It refers to work that is mentally, physically,
emotionally, socially or morally dangerous, and work whose schedule
interferes with their ability to attend regular school or work that
affects in any manner to experience a healthy childhood [1]. All work
done by children should be regarded as child labor, and needs to be
eliminated.
Whereas the UNCRC recommendation of the definition of
a child as being a person below the age of 18 years has been globally
approved, there are ambiguities in India regarding age at which a child
can be employed. Thus children above the age of 14 years are allowed to
work in family businesses, but not in any hazardous industry. The Child
Labor Act (1986) defines the child as someone who has not reached the
age of 14 years. The Factories Act (1948) and Plantation Labor Act
(1951) define the child as one having not completed 15 years. The
adolescent is one between 15 and 18 years [7,8]. WHO defines adolescents
as those between 10-19 years.
Modern slavery: Modern slavery includes the
recruitment, movement, harbouring or receiving children, women, or men
through the use of force, coercion, abuse of vulnerability, deception,
or other means for the purpose of exploitation. It includes holding a
person in a position of slavery, servitude, or forced compulsory labor
or of facilitating their travel with the intention of exploiting them
soon after. It includes sex trafficking, forced labour, forced
criminality, domestic servitude, and forced marriage [4-6].
Child labor has been qualified depending upon the
age, type of work, hours of work and the working conditions. UNICEF’s
standard indicators for child labor include the following [9,10]:
Age 5-11 years: At least 1 hour of economic work
or 21 hours of unpaid household services per week
Age 12-14 years: At least 14 hours of economic
work or 21 hours of unpaid domestic services per week
Ages 15-17 years: At least 43 hours of economic
work or unpaid domestic services per week
Magnitude of Problem
Globally about 152 million children are subject to
child labor. In world’s poorest countries, around 1 in 4 children are
engaged in child labor [11]. The highest prevalence is in Africa, 29% in
sub-Sahara, 32% in Western and central Africa, and 36% in Eastern and
Southern Africa. Indian government surveys report that there are 11
million child workers. However, estimates from non-governmental sources
suggest that 40 million children may be engaged in some form of work,
constituting about 13% of work force. There are 8.9 million child
laborers in UP, 4.5 million in Bihar and 4.9 million in Maharashtra.
Delhi alone has one million child laborers [12]. Child labor is
primarily in agriculture: 70.9% in the urban and semi-urban areas, 17.1%
in service sector and 11.9% in industry [13,14].
In countries where a large proportion of population
lives in abject poverty with large family size, children are most liable
to face deprivation. In rural sector, facilities for education and
healthcare are limited. Illiterate parents do not see any immediate
gains from schooling while work in whatever capacity brings some
economic benefit [9,10,15].
A lack of opportunities in the rural sector of the
country has lead to large population movements to cities, which puts
tremendous strain on urban infrastructure. A majority manage to find
subsistence work but inadequate living conditions. Their children get
engaged in various forms of activities with meagre earnings. Their
education and overall development remain poor [8,10].
Patterns of Work
The patterns of work are extremely variable in
different parts of the country (Box 1). Carpet
industry is especially common in some of the districts in northern
states. Fireworks and matches are mostly made in a southern state.
Cotton growing is also restricted to a few areas in south. Tea
plantations are mostly in the North-East and hilly southern states.
Older children between 10 and 18 years form the bulk of child work force
[8,9-11]. Children between 6-10 years are usually not employed,
but often engage in begging, rag-picking and helping adults in cleaning,
running errands and taking care of younger siblings.
Box 1: Patterns of
Work Employing Children
Hazardous industries
• Agriculture. Exposure to
pesticides, tools and machinery, dust, tobacco (rolling of
indigenous cigarettes)
• Brick kilns, stone
quarries, open mines
• Fireworks, matches,
incense
• Leather products, footwear
• Lock making, brass works
• Gem polishing, glass
articles
• Wood carving
Carpet weaving, silk
reeling, garments
Roadside eateries, vehicle
repairs
Street children, rag
picking, begging
Domestic helpers
Child sex workers
|
Agriculture work: India is mostly an agrarian
country. About 70% of working children are in rural areas. They assist
in cultivation, crop watering, harvesting, weeding and sowing, and
home-based cottage industries. In different parts of the country, cotton
growing and tea plantation are important places of work. Children
working in agriculture-related activities mostly live within the family
and may not be subjected to abuse and harsh treatment, although they
face work-related hazards. However, they are usually deprived of
education and proper health care [14,15].
Construction work: A large number of children
work at brick-making sites, stone quarries, and construction sites of
buildings, and houses and roads. The work mostly involves lifting and
carrying heavy loads. Children work in these undertakings along with
their families. They frequently migrate to the location of the site.
Work in urban sector: A large number of small and
home-based industries are carried out in many cities in different parts
of the country. Some of these include production of carpets, silk
garments and weaving, power looms, fire crackers, brass and metal
artifacts, diamond polishing, glass objects, leather products and
bidi making. The exact numbers engaged in such work cannot be
determined, but proportion of those in carpet making garment industry is
high. Some are family enterprises with long established traditions where
children learn the techniques at an early age and subsequently share the
work. Various forms of work are located in different parts of the
country. The working conditions vary widely. In familial work, children
take part in various supportive activities and learn skills, and
exploitation is not major concern, but schooling and recreational
activity remain inadequate [15,16].
Roadside eateries, vehicle repairs: Rapid growth
of cities and urban migration has lead to growth of supporting services.
These include a large increase in infrastructure, vehicular transport,
roadside eateries and domestic help. Children are employed in a wide
variety of work as helpers. In most urban areas and along roads and
highways, there are eating joints where children work as helpers in
cooking, serving and cleaning. India has a large variety of mechanical
transport including cars, three wheelers and bicycles. Many are very old
needing frequent repairs to keep them running. Repairing of such
vehicles, usually by unskilled mechanics, is a big industry employing
children as helpers.
Street children, rag picking, organized begging:
These children live on the streets engaged in couriering, selling all
kinds of objects at roadside and rag picking. Organized gangs are known
to exist, which traffic or kidnap children and force them to beg. Having
no home, these children are subject to all forms of abuse. Addiction to
tobacco and alcohol is frequent in these children and that to marijuana,
opium and injectable drugs is increasing. They start using drugs early,
between 9 and 13 years. Sexual favors for money to buy drugs has also
been reported in these children [9,10].
Domestic helpers: In most cities children are
employed by the affluent section as domestic helpers. The conditions of
work and their overall treatment vary a great deal depending upon the
employer’s attitudes. Many face harsh treatment and while others may be
comparatively better looked after and allowed schooling. Girls seem to
be preferred for domestic work, and abuse of girls in such conditions is
of serious concern [16]. Children develop low self esteem as they are
treated differently made to feel inferior to their peers in affluent
households.
Child sex workers: More than 40% of sex workers
in India are reportedly children. Sexual work is brothel-based (most
heinous form of slavery) or carried out under the guise of massage
parlors, tourist circuits, false marriages etc. Railway stations
and bus stations and crowded localities often become places of sexual
exploitation of children. Many are trafficked or lured into sex work by
organized groups from impoverished families in rural areas with promise
of employment [10].
Hazardous Child Labor
Hazardous child labor or hazardous work is the work
which, by its nature or the circumstances in which it is carried, is
likely to harm the health, safety or morals of children. It includes (i)
work which exposes children to physical, psychological or sexual abuse,
(ii) work underground, under water, at dangerous heights or in
confined spaces, (iii) work with dangerous machinery equipment
and tools, or which involves manual handling or transport of heavy
loads, (iv) work in unhealthy environment that may expose them to
hazardous substances, agents or processes, or to temperatures, noise
levels, or vibrations and (v) work under particularly difficult
conditions such as work for long hours or during night or where the
child is unreasonably confined to the premises of the employer [17]. The
worst forms of child labor include all forms of slavery (sale and
trafficking, debt bondage, serfdom, child soldiers), child prostitution,
pornography, illicit activities in particular trafficking of drugs [18].
Seventy per cent of children are employed in
hazardous work, which is carried out in dangerous and unhealthy
conditions [1,10,15,17,18]. In agriculture sector, exposure to
pesticides, handling tools and implements carry significant hazards.
They may be exposed to dangerous machinery and made to carry heavy
loads. Children receive no training in their proper usage and
protection. Most of the small industries in urban areas are classified
as being hazardous to health. Children work in closed conditions with
poor ventilation. It is estimated that adolescents between 14 and 17
years doing hazardous work form about 63% of the total child labor
population [19].
Prevalence of tuberculosis and nutritional
deficiencies is high in such children. Specific injurious conditions
related to the type of work are also frequently seen. These include
tobacco ingestion, acid burns, and inhalation of fiber from carpet and
garment industries. Children working in brick making and stone queries
are exposed to inhalation of dust.
Modern Slavery and Bonded Labor
There are an estimated 40 million people trapped in
modern slavery of which about 10 million are children [13,20]. Dishonest
and unfair credit and work agreements result in slave like
exploitation. Poverty ridden and illiterate people are often
lured with small sums as loans with promise of work. Subsequently
they are made to work in difficult conditions with meagre pay and are
unable to pay back. Children are often made to work to pay the debts
incurred by their parents or guardians. That work could be for several
years starting at a very young age. Official sources deny the extent of
bonded labor citing only ‘stray cases’. A report in 1996 mentioned the
findings of a court-appointed two-member commission in a Southern State.
It was found that bonded labor existed in all districts, there being
almost a million of such workers. Nearly 53% were enslaved for more than
10 years. Children between 6-16 years formed 10% of the State’s bonded
labor. The never-ending cycle of labor for payment of debt leads to
slave like situation. The bonded labor system has reportedly existed for
centuries [21,22]. A comprehensive report on bonded labor in India was
brought out in 2005 [21].
Children working in small industrial undertakings are
often allowed little freedom. They are made to work for long hours in
horrific conditions, unhealthy premises, paid meagre amounts and often
abused. Some are trafficked from rural areas or found loitering, and put
to work. They are at the mercy of their employers [23-24]. Reports of
such children having been rescued frequently appear in the media.
Child Trafficking
Child trafficking for commercial sexual work,
exploitative labor or other forms of employment is a major problem in
South Asian countries. Children are also trafficked for employment in
organized industries, domestic servitude, and various other forms of
work. Couriering for drugs, explosives, and forced begging are some
common activities for which children are used. Trafficking in children
is considered to be greater than adult trafficking. Children work long
hours and are paid little, which is of economic benefit to the employer.
Child trafficking is dependent on demand for both boys and girls. The
high demand has resulted in organized crime for trafficking. Another
dimension of child trafficking is that of missing children. About
100,000 children are reported missing every year and about 40% of whom
remain untraced are believed to be trafficked [25,26].
Legal measures: Immoral Traffic Prevention Act
(1956) specifically addresses child trafficking. A new law is to be
introduced to guard against human trafficking (Bill 2017). It identifies
various forms of trafficking such as that for bonded labour, sexual
exploitation, pornography, forced begging, removal of organs.
Consequences of Child Labor
A loss of childhood and deprivation of healthcare and
education are the serious consequences of child labor. Children who help
in the family enterprises may receive adequate care, and their education
may not be neglected. All other forms of work in various settings lead
to loss of childhood. Their loss of dignity is especially tragic as they
grow up feeling different and inferior. Equal opportunity is denied and
they do not realize their full potential for development, and thus
unable to contribute to nation building in sufficient measure.
Legal Protective Measures
In 2017, India ratified all key international
conventions concerning child labour, notably both ILO Convention 182
(against worst forms of child labour) and Convention 138, and amended
the Child Labor Act to prohibit any child below the age of 18 years from
working in hazardous occupation and processes [27]. A large number of
laws and regulations exist that define minimum age of work, and for
hazardous work. Laws prohibit forced labor, child trafficking, and
commercial sexual exploitation of children. The recently brought out
National Plan of Action for Children while identifying key areas that
include survival, health and nutrition, education and development,
protection and participation, also addresses various issues in child
labor and child trafficking. Some important Acts include: (i)
Criminal Law (amendment) Act 2013, (ii) Bonded Labor System
(Abolition) Act 1976, (iii) Child and Adolescent Labor
(Prohibition and Regulation) Act, 1986 that prohibits employment of a
child below 14 years in any form of employment. The government has
recently amended child labor laws to allow children below 14 years to
work in family businesses and the entertainment industry (excluding
circuses) in order to create a "balance" between the need for education
for a child and the reality of socioeconomic condition and social fabric
of the country. Adolescents (between 14-18 years) are banned from
working in any hazardous industry.
Other important measures include the Juvenile Justice
(Care and Protection of Children) Act, 2015, which makes it a crime,
punishable with prison term, for anyone to keep a child in bondage for
employment. The Right to Education Act (2009) mandates for the state to
ensure free education for all children age 6-14 years.
Implementation of laws and regulations: The
Government has established a number of institutional mechanisms for
enforcement of various laws and regulations on child labour. The
responsibility for their implementation lies with State and local
administrative authorities, local police and child welfare committees.
National Human Rights Commission and National Commission for protection
of Child Rights also have well defined roles in implementation of
various laws, policies and programs [28]. These measures have been
insufficient in preventing child labor. The laws are flouted and those
employing and exploiting children are seldom brought to book. The
families do not see any immediate benefits of putting the children in
school, whereas work brings some financial help.
Rehabilitation of Child Laborers
Rehabilitation of homeless child laborers and those
forced in debt servitude is a challenging task in view of the magnitude
and complexity of the problem. The government has undertaken several
measures to help children working in organized industries. An important
intervention program, National Child Labor Project (NCLP), was initiated
in 1988 by the Ministry of Labour. It aims to rehabilitate children
working in hazardous occupations by withdrawing them from work and
putting them in special schools. Other supporting measures are provided
including nutrition, healthcare and vocational training [29]. Eventually
children are mainstreamed into formal education system. The government,
since 1981, has also been financing voluntary organizations by way of
grant- in- aids for taking up action–oriented projects to the benefit of
child and women labor. Various governmental actions regarding rescue and
rehabilitation have been widely acclaimed. Several NGOs have been
actively involved in rescue and rehabilitation work, particularly to get
release of children working in slave-like conditions (often facing
considerable hostility from the employers). They have established homes
for them to provide comprehensive care and vocational training and made
attempts to return them to their families. The director of one of such
leading NGOs was co-awarded the Nobel peace prize in 2014. The Right to
Education is a crucial measure, but a large proportion of children
remain out of schools. There is a considerable dropout, especially among
girls. Access to education must be expanded, violence in schools
prevented and vocational training provided. Children working in family
enterprises should not be deprived of formal education.
Societal Attitudes and Prevention of Child Labor
The State and the civil society have to ensure that
children are brought up in financially stable family homes and go to
school and get educated. Child labor cannot be addressed in isolation
since the underlying issues are intricately interlinked with
socioeconomic factors. Multiple factors underlie persistence of poverty.
Poverty is not inevitable and it reflects societal negligence. India has
had a family planning policy and several implementation measures
for several decades but it has achieved very limited success [30].
Moreover, the family size among the underprivileged continues to remain
large in many regions, which puts an immense burden on the parents and
precludes adequate nutrition, health care and learning. Inadequate
education ultimately leads to human capital of poor quality, lacking
skills, which restricts their employment opportunities. A lack of social
concern toward exploitation of children is a sad reality.
Gender discrimination: Gender bias against the
girl child has always existed in India and other countries in South
Asia. Girls are often denied education, particularly beyond primary
level and required to help in household chores and take care of younger
siblings. A large number of girls in poverty-ridden families leads the
parents to marry them off early. Child marriages carry their own ills.
Exploitation: Children working in organized
industries may comprise a relatively small proportion of child labor,
but are the worst exploited. Legal measures have been adopted to protect
children but are disregarded by the employers. There have been attempts
to boycott manufactured goods and products from various industries that
employ child labor. Such measures are difficult to institute and may be
counterproductive. Instead the employers must be made to pay the workers
their just dues, ensure proper working conditions and provide health
care and educational opportunities. Children in domestic work and
various unorganized forms of employment must also be given appropriate
remuneration and their health care and education ensured.
Conclusions
Child labor in all its forms is a gigantic and
seemingly intractable problem in India, as in many other countries with
large populations and with low income and poor literacy. The country has
a large child population, the majority being those in the lower
socioeconomic segments. Children have to work in to support the family
income. They are often exploited and employed in hazardous work. A
significant proportion is in bonded servitude and sexual entrapment that
amounts to slavery, which has lifelong devastating effects.
Working children remain deprived of health care and education and
eventually become poorly developed adults, capable of doing only
unskilled work.
Child labor cannot be abolished until poverty is
reduced and families empowered and educated, and the family size is
restricted. However, exploitation and abuse of children can be
controlled with changes in societal attitudes and strict implementation
of legal and protective measures. Various government agencies,
pediatricians, other professional bodies, persons of faith, community
leaders and all civil society need to work together to demand child
rights and stop their exploitation.
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