National Policy on Child Labor


National Policy on Child Labor - 1987

NATIONAL POLICY ON CHILD LABOR - 1987

PART - I

Introduction

1.1 The Constitution of India, both in the Directive Principles of State Policy and as a part of the Fundamental Rights, has laid down that the State shall direct its policy towards securing that health and strength of workers, men and women, and the tender age of children are not abused, and that citizens are not forced by economic necessity to enter vocations unsuited to their age or strength, and that children, particularly, are given opportunities and facilities to develop a healthy manner and in conditions of freedom and dignity. Childhood and youth are to be protected against exploitation, and no child below the age of 14 years shall be employed to working any factory or mine or engaged in any other hazardous employment.

1.2 The National Policy for children Resolution, adopted in August 1974, further developed the above ideas and set out a policy framework and measures aimed at providing adequate services for children. These were to form a prominent part of the nation's plan for development of human resources. Free and compulsory education for all children up to the age of 14, provisions of health and nutritional programs and services, providing alternative forms of education for children unable to take full advantage of formal school education for whatever reasons - and measures for protecting children against neglect, cruelty and exploitation form part of the National Policy for Children. The Policy also provides, as one of its objectives, that no child under the age of 14 years shall be permitted to be engaged in hazardous occupations or to be made to undertake heavy work.

1.3 The Committee on Child Labor (Gurupadaswamy Committee) which submitted its report in December 1979, examined the problems of child labor in detail. India is one of the countries where the problems of child labor are quite openly manifest and the widespread existence of child labor has been viewed by the Government of India with concern. The Gurupadaswamy Committee recognized that a distinction had to be made between child labor and the exploitation of child labor as though both are a problem, they are of different orders. It had underlined that in

all future action dealing with child labor this basic aspect would have to be taken note of i.e., that "Jabour becomes an absolute evil in the case of the child when he is required to work beyond his physical capacity, when hours of an employment interfere with his education, recreation and rest, when his wages are not commensurate with the quantum of work done, and when the occupation he is engaged in endangers his health and safety" i.e. when he is exploited.

1.4 Government has given consideration to these aspects of the problems of child labor, i.e. the need to protect child labor from exploitation or from being subjected to work in hazardous conditions which endanger such children's physical and mental development; the need to ensure safety and health at their working places; that they should be protected from excessively long working hours and from night work, and that there should be regulated work even in non-hazardous occupations, and that all child labor have to be provided with sufficient weekly rest periods and holidays in their employments.

1.5 The recently enacted Child Labor (Prohibition and Regulation) Act, 1986, is the culmination of the process of consideration that Government has been giving to this pervasive problem figuring in the economic and social landscape in the country. Both in enacting the legislation, and thereafter in proceeding to Jay down the policy and the outline of the policy and the outline of the program of action, Government have had to keep in mind the economic and social aspects of child labor in the country, For example, with substantial portions of Gross Domestic Product (GDP) coming from the agricultural sector, from rural industries or from artisan's workshops, or from small scale services, often children work as an essential part of a farm household, or as part of the working family assisting parents in ancillary tasks. In such working activities by children in farm and field, in artisan households or in small family-centered trade or services establishments, children most often acquire the skills which enable them to become full-fledged workers in farming households, family establishments or trades. While work of such kinds has its, problems, it is more essential at the present stage of our national development to concentrate in those sectors or establishments where children are deployed on wage or quasi-wage employment, outside the family, where there is most likely to arise exploitation, in whatever form it may be.

1.6 The national anti-poverty policies, the national education policy, the national policy on health for all and on nutrition, as also the generally stepped-up provisions in social services in national plan outlays, are all geared to tackle the problems poverty, where too often the origins and compulsions of child labor are rested. The general rating of large number of the population above the poverty line, or the provision of the entire spectrum of improved social services in the areas above mentioned will, it is hoped, lead to progressive elimination of poverty, and consequently of the phenomena of children being put out for wage employment or quasi-wage employment at unsuitable ages. The measures to promote employment-oriented development both in rural and in urban areas, and the all-round development and extension of adequate facilities for both formal and non-formal education, vocational education and training, and in the coverage and extension of social security and family welfare measures would all go a long way to tackle the basic and root causes of child labor.

1.7 This action program, therefore, has to be viewed against the above background. Specifically, the attempt is to deal with a situation where children work or are compelled to work, on a regular or a continuous basis to earn a living for themselves and/or for their family, and where their conditions of work result in their being severely disadvantaged and exploited, and where abuses connected with such factors impacting on wage-employed children need to be given dose attention by the State for rectification, amelioration and regulation through specific legal and administrative instruments and measures.

PART - II

LEGISLATIVE ACTION PLAN

2.1 A Child Labor Technical Advisory Committee has been set up to advise the Central Government on addition of occupations and processes to the Schedule contained in the Child labor (Prohibition and Regulation) Act, 1986 (herein after referred to as CLA, 86)

2.2 The provisions of the CLA 86, the Factories Act and the Mines Act will be enforced so as to particularly ensure that children are not employed in factories or mines or in any other hazardous employment, and where they are employed in non-hazardous employments or occupations, to ensure that the work is regulated in accordance with Part IN of the CLA 86. Where it is necessary for State Governments to make rules under CLA 86 or under any other legislation so as to protect the interest of child labor, they will be so requested to undertake reviews and frame rules as necessary. The Railway administration, major ports and Central and State Government departments in charge of oil-fields and mines will also similarly be asked to review the situation arising from the enactment of CLA 86, so as to ensure that child labor is not employed in other occupations or employments, that the provisions set out for their health and safety, for the maintenance of registers, and for regulating the period and hours of work or overtime or of weekly holidays and days of rest are enforced in all establishments.

2.3 Government will also bring forward legislation to delete the provision contained in the Minimum Wage Act allowing different wages to be fixed for children, adolescents and adults. In other words, children will have to be paid the same as adults. This will remove the economic incentive to employ child labor on lower wages. For enforcing other protective legislation like the Payment of Wages Act, the Equal Remuneration Act, etc., it will be ensured that child labor is not discriminated against as compared to adult labor. The Central and State inspection machinery will be geared up for this purpose.

PART - III

FOCUSING OF GENERAL DEVELOPMENT PROGRAMS FOR BENEFITING CHILD LABOR

3.1 National development programs existing with very wide coverage in areas of education, health, nutrition, integrated child development and the anti-poverty group of programs. In order to have an impact on child labor it will be necessary to focus these programs by the implementing agencies under the State Government or the Central Government so as to deliver benefit to child labor wherever possible. Some areas where such focusing could be possible are set out below :

3.2 Education : The National Policy on Education, 1986 (NPE) sets the target of all children who attain the age of 11 years by 1990 having had five years of schooling& or its equivalent, through a non-formal system -of education. 4,90,000 non-formal education (NFE) centers are proposed to be opened, which will supplement the formal education system. Since the Central feature of the implementation of the strategy for non-formal education is based on micro-level and area specific and population specific planning, NFE Centers for child labor will be set up with the involvement of voluntary agencies and Panchayati Raj institutions which are capable of running non-formal education centers wherever possible to cater to child labor who, after work or during holidays, can present themselves at the NFE centers. Special attention will be given to attracting and retaining girls from among working children, to NFE centers. Part-time courses and vocational courses will also be catered to at these centers. Such non-formal education centers for child labor would aim to educate children up to class V level, with arrangements for continuance of non-formal education up to class V111 level wherever possible. Where it is possible to organize such NFE centers for child labor, all the special features figuring in the Program of Action of the NPE will be provided.

3.3 For child labor belonging to disadvantaged classes like SC/ST families, details of scheme of incentive/ assistance to indigent SC/ST families who have to put out their children towage/ quasi-wage employment will be worked out in consultation with State Government-,. For such children who come from families engaged in occupations like scavenging, flaying and tanning, scholarships will be extended, with constant micro-planning, and verification to ensure that SC/ST Child labor enrolled in non-formal education centers successfully complete the course of non-formal education up to class V111. These are as per the specific provisions laid down in the program of action of the NPE.

3.4 Micro-planning for non-formal education centers will have to be undertaken for child labor, especially for those belonging to such disadvantaged sections of the society as SC/ST, or in areas where there are known to be concentration of such disadvantaged group of families.

3.5 In urban areas also, especially in urban slums, non-formal education programs by both the State Governments and by voluntary agencies will be promoted, including the organization of extra-curricular activities, diversity in learning activity and with a provision of games and sports and related equipment,, plays and skits, excursions, etc.

3.6 The projects of voluntary agencies will been entertained for a period of 3-4 years, whether for urban or for rural areas, and while the initial proposals would be required to be sent to the State Governments, at subsequent stages, the voluntary agencies will directly approach the Department of Education for release of grants-in aid to such non-formal education centers. The Ministry of Labor may also arrange for micro-level planning for NFE centers for benefiting child labor, and recommended these to the department of Education.

3.7 NREP/RLEGP funds would be used on a priority basis for creating the infrastructure for non-formal education centers catering to child labor under the overall coordination and direction of the local district level development authorities.

3.8 For continuing education of child labor who have been enrolled and successfully completed their period of non-formal education, efforts would be made to link the non-formal educational institutions with the open schools, or with the formal educational system, so as to enable them to continue their education. The nonformal education programs would also be linked with the Shramik Vidyapeeths, schemes of Public Libraries, Jana Shiksha Nilayams and vocational technical courses of a wide variety would be provided where required for, among others, working children who come from the non-formal stream.

3.9 Health: Health is a State subject, and the programs of medical inspection of children have been assigned to the States. The progress among the various States is uneven. A few States have good programs but many other States do not. In those States where there exists a school health service program, many, and in some States even all, primary school-going children in the rural areas have been covered under the scheme for regular examinations. But those children who do not join school of being at work would obviously not be covered by such school health programs (where they exist). The Ministry of Health and Family Welfare will address the State Governments, recommending that intensive medical inspection of children be taken up in those areas where child labor is prevalent. The State Governments will have to be persuaded to extend the coverage of the school health services programd to child labor. Since this is an area essentially under the State sector, a continuing dialogue, effort and persuasion with the State Governments will have to be maintained so that all children, irrespective of whether they are in primary school, or at work, are covered by regular health inspection and treatment/ referral services. It should be by regular health inspection and treatment/ referral services. It should be possible to arrange for some health screening at NFE centers, for child labor.

3.10 Nutrition: Department of Women and Child Development have an on-going program for women and children i.e., Integrated Child Development Services which are approved on the basis of proposals by the State Government and nongovernmental organizations. While it will not be possible to earmark funds specifically for child labor, proposals from State Governments/non-governmental organizations and voluntary agencies in child labor areas will be funded on a priority basis and, if necessary, the rules could be relaxed to consider proposals from the organizations to be set up for taking up welfare measures for child labor also.

3.11 Anti-poverty programs' coverage : IRDP/NREP/RLEGP etc. funds are meant for poverty-alleviation programs on the basis of criteria which have been laid down for the States to follow. Included in the coverage of the entire gamut of anti-poverty programs are families which have child labor and, to the extent that such families with incidence of child labor fall within the selection criteria for endowment of income-generating assets (i.e. IRDP) or for wage employment (NREP/ RLEGP) they would be benefited by the on-going programs which have a large corpus of funds allocated to them in the 7th Plan. To the extent, therefore, that the poorest families are often forced to put out their children to work for wage/quasi-wage employment, they would be getting assistance to raise themselves above the poverty line and this, in conjunction with the non-formal education centers being opened in rural areas, slum areas etc., will go a long way towards tackling one of the basis causes of children being put to work i.e., poverty.

PART - IV

PROJECT-BASED PLAN OF ACTION

4.1 It is known that there are specific sectors of employment where the incidence of child labor is high, such as :

1.	The match industry in Sivakasi, Tamilnadu.
2.	The diamond polishing industry in Surat, Gujarat.
3..	The precious stone polishing industry in Jaipur, Rajasthan.
4.	The glass industry in Ferozabad, Uttar Pradesh.
5.	The brassware industry in Moradabad, Uttar Pradesh.
6.	The handmade carpet industry in Mirzapur-Bhadohi in Uttar Pradesh.
7.	The lock-making industry in Aligarh, Uttar Pradesh.
8.	The handmade carpet industry in Jammu & Kashmir.
9.	The slate industry in Mandsaur in Madhya Pradesh.
10.	The Slate industry in Markapur in Andhra Pradesh.

4.2 The Child workers involved in the above mentioned sectors of employment and geographical areas deserve priority attention because either the employments processes in which they work are prohibited under the Factories Act, or the Child Labor (Prohibition & Regulation) Act or the work is such that it is likely to affect the child's well-being.

4.3 In each of the 10 "project areas", the strategy will be to evolve a package comprising of the following elements:-

1. Stepping up the enforcement of the Child Labor (Prohibition & Regulation) Act, the Factories Act and the Mines Act. If necessary, special enforcement staff will be created for the purpose.

2. Coverage of families of child labor under the income/ employment generating programs under the overall aegis of anti-poverty programs.

3. Where there is a concentration of SC/ST families with child labor, a concentration of special component and Tribal sub-plans by the State Governments in each project area.

4. Formal /non-formal education of ultimately all child labor engaged in hazardous employment, and of as many child labor as possible as may be in non-hazardous employments. Also, a stepped up program of adult education (including non-formal education) of the working children.

5. Coordinating the activities of different Department /Ministries of the Central Government and State Governments to benefit child labor.

6. Setting up of special schools for child workers together with provision of vocational education /training in such special schools, supplementary nutrition, a stipend to the children taken out from prohibited employments, and health care for all children attending such special schools.

4.4 For this purpose, i.e., (6) the infrastructure will have to be created, and wherever the infrastructure run by the Departments of Education, Health, etc. like Shramik Vidyapeeth exists, they will be suitably modified and utilized. Stipend will not be paid to children who are working in non-hazardous non-forbidden employments. The non-formal education /formal educational institutions in the project area will function on flexible hour basis after working hours, during holidays etc., as may be convenient. They will cover the range of special features on non-formal education set out in the Program of Action of the NPE.

4.5 In order to enable intensive coverage in the Project areas of the anti-poverty group of programs, the health programs analogous to the school health programs run by the State Governments, the special nutrition program, and for the setting up of special schools, providing vocational education and training arrangements and for providing stipends to the children take out from hazardous employments, it will be necessary to provide for additionally of funds over the above the funds that exist in the respective programs administered under the Plan, whether by the Central or by State Governments. The Additional of funds required will be channeled through the Ministry of Labor, which will be the nodal Ministry for the ten child labor projects.

4.6 In the first phase of the special project areas approach, it is proposed to covered up to 30,000 child labor. Each project will be carefully drawn up in consultation with the State Governments and Central Ministries concerned, to ensure proper coverage and inter-meshing of programs administered by the Central and State Governments under the overall coordinating agency of the Ministry of Labor. The Ministry of Labor will be the nodal agency for drawing up a project report in respect of each project area and for providing the additional of funds that may be required for the total coverage envisaged in each project area.

PART - V

ORGANIZATION FOR IMPLEMENTING THE CHILD LABOR PROJECT

There will be a Chief Executive Officer in charge of each project area who will work under the general supervision and the direction of the administrative head of the district wherein the project is situated. There will be a Child Labor Project Board* with the Collector as its Chairman on which it will be represented the district educational, health, and nutrition authorities, as also representatives of voluntary agencies /Panchayati Raj institutions who are active in the District in the area of Child Labor. This will ensure coordination of all inputs of the various departments executing plan and non-plan schemes in the project area, so as to enable the focusing for the benefit of child labor/their families, and also to allocate the additional in project funds made available to each project by the Ministry of Labor.

PART - VI

MONITORING OF PROJECTS

The working of the child labor projects will be monitored by a high-powered Committee of the Central Government with representatives of the Ministries/ Departments of Labor, Education, Health,, Rural Development, Child and Women Development and the State Governments where child labor projects are being implemented, namely Tamil Nadu, Uttar Pradesh, Rajasthan, Gujarat, Jammu & Kashmir, Madhya Pradesh and Andhra Pradesh. The Committee will meet as often as necessary to ensure the smooth working of the projects.