Child Labor and India
Embassy of India, Washington, DC

Introduction
There are more children under the age of fourteen in India than the entire population of the United States. The great challenge of India, as a developing country, is to provide nutrition, education and health care to these children.

Children under fourteen constitute around 3.6% of the total labor force in India. Of these children, nine out of every ten work in their own rural family settings. Nearly 85% are engaged in traditional agricultural activities. Less than 9% work in manufacturing, services and repairs. Only about 0.8% work in factories.

While child labor is a complex problem that is basically rooted in poverty, there is unwavering commitment by the Government and the people of India to combat it. Success can be achieved only through social engineering on a major scale combined with national economic growth. International policies and actions, therefore, must support and not hamper India's efforts to get rid of child labor.

India has all along followed a proactive policy with respect to the problem of child labor, and has stood for constitutional, statutory and developmental measures to combat child labor. Six ILO conventions relating to child labor have been ratified,, three of these as early as the first quarter of this century.

The first Act in India relating to child labor was the Enactment of Children (Pledging of Labor) Act of February 1933. Since then there have been nine different Indian legislations relating to child labor. The strategy of progressive elimination of child labor underscores India's legislative intent, and takes cognizance of the fact that child labor is not an isolated phenomenon that can be tackled without simultaneously taking into account the socio-economic milieu that is at the root of the problem.

The Government of India is determined to eradicate child labor in the country. The world's largest child labor elimination program is being implemented at the grass roots level in India, with primary education targeted for nearly 250 million. In this a large number of non-governmental and voluntary organizations are involved. Special investigation cells have been set up in States to enforce existing laws banning employment of children in hazardous industries. The allocation of the Government of India for the elimination of child labor was $10 million in 1995-96 and $16 million in 1996-97. The allocation for the current year is $21 million.

The International Program on Elimination of Child Labor (IPEC) has the world's largest international initiative on child labor in India. The total outlay under this program between 1992 and 1996 has been $4.15 million.
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CHILD LABOR STUDY

According to the Indian census of 1991, there are 11.28 million working children under the age of fourteen years in India. Over 85% of this child labor is in the country's rural areas, working in agricultural activities such as fanning, livestock rearing, forestry and fisheries. This labor is outside the formal sector, and outside industry. Moreover, nine out of ten working children work within a family setting. Working in family-based occupations, these children also develop skills in certain traditional crafts, thus augmenting the human capital formation of India's developing economy.

India has all along followed a proactive policy in the matter of tackling the problem of child labor. India has always stood for constitutional, statutory and development measures required to eliminate child labor. The Indian Constitution has consciously incorporated provisions to secure compulsory universal elementary education as well as labor protection for children. Labor Commissions in India have gone into the problems of child labor and have made extensive recommendations.

In India, the post-independence era has seen an unequivocal commitment of the government to the cause of children through constitutional provisions, legislation, policies and programs. The Constitution of India in Article 39 of the Directive Principles of State Policy pledges that "the State shall, in particular, direct its policy towards securing ... that the 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 avocations unsuited to their age or strength, that children are given opportunities and facilities to develop in a healthy manner, and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation, and against moral and material abandonment."

As a follow-up of this commitment, and being a party to the UN Declaration on the Rights of the Child 1959, India adopted the National Policy on Children in 1974. The policy reaffirmed the constitutional provisions and stated that "it shall be the policy of the State to provide adequate services to children, both before and after birth and through the period of growth to ensure their full physical, mental and social development. The State shall progressively increase the scope of such services so that within a reasonable time all children in the country enjoy optimum conditions for their balanced growth."

India has also ratified on December 2, 1992, the Convention on the Rights of the Child which came into force in 1990. This ratification implies that India will ensure wide awareness about issues relating to children among government agencies, implementing agencies, the media, the judiciary, the public and children themselves. The Government's endeavor is to meet the goals of the Convention and to amend all legislation, policies and schemes to meet the standards set in the Convention.

India is also a signatory to the World Declaration on the Survival, Protection and Development of Children. In pursuance of the commitment made at the World Summit, the Department of Women and Child Development under the Ministry of Human Resource Development has formulated a National Plan of Action for Children. Most of the recommendations of the World Summit Action Plan are reflected in India's National Plan of Action.

India's policy on child labor has evolved over the years against this backdrop and its present regime of laws relating to child labor has a pragmatic foundation, consistent with the International Labor Conference resolution of 1979. This ILO resolution calls for a combination of prohibitory measures and measures for humanizing child labor, wherever such labor cannot be eliminated altogether in the short turn. It should also be mentioned that India is second to none in its commitment to and in the upholding of the core international labor standards such as freedom of association, collective bargaining, non-discrimination, etc. India is signatory to a record 36 ILO labor conventions.

The Child Labor (Prohibition & Regulation) Act, 1986 of India prohibits the employment of children below the age of 14 in factories, mines and in other forms of hazardous employment, and regulates the working conditions of children in other employment. India has announced a National Policy of Child Labor as early as 1987, and was probably the first among the developing countries to have such a progressive policy. Through a notification dated May 26, 1993, the working conditions of children have been regulated in all employment not prohibited under the Child Labor (Prohibition and Regulation) Act. Further, following up on a preliminary notification issued on October 5, 1993, the government has also prohibited employment of children in occupations such as abattoirs/slaughter houses, printing, cashew de-scaling and processing, and soldering.

The announcement by the Prime Minister on India's Independence Day in 1994 that child labor would be abolished in hazardous occupations by the year 2000, reflects a national consensus and commitment. After this declaration, several far-reaching initiatives have been taken by the Government to effectively tackle the problem.

With the setting up of the National Authority for the Elimination of Child Labor (NAECL) under the Chairmanship of the Labor Minister, Government of India, a convergence of services and schemes for eliminating child labor is being achieved. The NAECL, comprising representatives from the Central Ministries, meets the need for an umbrella organization to coordinate the efforts of the different arms of the Government for the progressive elimination of child labor.

The child labor program in India is national in character and involves the Government of India,, the governments of the States and the Union Territories of India, as well as such tripartite fora as the Indian Labour Conference and the Standing Labour Committee. A massive national and regional media campaign has been launched to sensitize society against child labor. Funds have been allocated to districts identified as child-labor endemic for surveys to identify child labor, and for awareness generation programs among employers, parents and the working children themselves.

This paper covers the significant aspects of India's constitutional and legislative provisions relating to child labor, the enforcement of these provisions, and programs being undertaken nation-wide to eliminate child labor.

India's first act on the subject was the enactment of the Children (Pledging of Labor) Act of February 1933. This was followed by the Employment of Children Act in 1938. Subsequently, twelve additional legislations were passed that progressively extended legal protection to children. Provisions relating to child labor under various enactment such as the Factories Act, the Mines Act, the Plantation Labor Act etc. have concentrated on aspects such as reducing working hours, increasing minimum wage and prohibiting employment of children in occupations and processes detrimental to their health and development.

The Child Labor (Prohibition & Regulation) Act 1986 of India was the culmination of efforts and ideas that emerged from the deliberations and recommendations of various committees on child labor. Significant among them are the National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour (1979), and the Sanat Mehta Committee (1984).

The Act aims to prohibit the entry of children into hazardous occupations and to regulate the services of children in non-hazardous occupations. The Act,, in particular,

  • bans the employment of children, i.e. those who have not completed their 14th year, in specified occupations and processes (listed in the Schedule to the Act, attached at Annexure I);
  • lays down a procedure to make additions to the schedule of banned occupations or processes;
  • regulates the working conditions of children in occupations where they are not prohibited from working;
  • lays down penalties for employment of children in violation of the provisions of this Act,, and other Acts which forbid the employment of children;
  • brings uniformity in the definition of the "Child" in related laws.

The protective legal provisions for working children in other laws are listed at Annexure II.

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GOVERNMENT OF INDIA'S POLICIES AND ACTIONS

The National Child Labor Policy

Increasing attention is now being paid to strengthening the enforcement machinery related to child labor. Soon after the enactment of the comprehensive Child Labor (Prohibition & Regulation) Act, 1986, the Government of India adopted a National Child Labor policy in 1987, in accordance with the constitutional provisions and various legislation on child labor. The idea of adopting a separate policy on child labor was not only to place the issue on the nation's agenda, but also to formulate a specific program of action to initiate the process of progressive elimination of child labor. The policy consists of three complementary measures:

  • Legal action plan: This policy envisages strict enforcement of the provisions of the Child Labor (Prohibition & Regulation) Act, 1986 and other child-related legislation.
  • Focus on general development programs benefiting children wherever possible: The policy envisages the development of an extensive system of non-formal education for working children withdrawn from work and increasing the provision for employment and income generating schemes meant for their parents. A special cell - Child Labor Cell - was constituted to encourage voluntary organizations to take up activities like non-formal education,- vocational training, provisions of health care, nutrition and education for working children.
  • Area specific projects: To focus on areas known to have high concentration of child labor and to adopt a project approach for identification, withdrawal and rehabilitation of working children.

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Central Advisory Board on Child Labor

The Central Advisory Board on Child Labor was constituted on March 4, 1981. The following are the terms of reference of the Board:

  • Review the implementation of the existing legislation administered by the Central Government.
  • Suggest legislative measures as well as welfare measures for the welfare of working children.
  • Review the progress of welfare measures for working children.
  • Recommend the industries and areas where there must be a progressive elimination of child labor.

The Board was reconstituted last on November 2, 1994. The Union Labor Minister is the Chairman of the Board. The other Members of the Board include representatives from the various sister ministries, Members of Parliament, non-governmental organizations, representatives of major trade unions and employers' organizations. A copy of the Resolution constituting the Board is at Annexure-III. The last meeting of the Board was held on December 27, 1995.
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Child Labor Technical Advisory Committee:

Under Section 5 of the Child Labor (P&R) Act 1986, the Government of India is empowered to constitute a Child Labor Technical Advisory Committee for the purpose of addition of occupation and processes in the Schedule to the Act. The Committee consists of a Chairman and members not exceeding ten. The Committee has been reconstituted on February 5,,1996 under the chairmanship of Director General of Indian Council of Medical Research. A copy of the notification constituting the Child Labor Technical Advisory Committee is at Annexure-IV.
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National Child Labor Proiects (NCLP)

Under the action plan of the National Policy on Child Labor, there have been National Child Labor Projects (NCLP) set up in different areas to rehabilitate child labor. A major activity undertaken under the NCLP is the establishment of special schools to provide non-formal education, vocational training, supplementary nutrition etc. to children withdrawn from employment. Under the project based action plan of the policy, 12 NCLPs were started in the States of Andhra Pradesh (Jaggampet and Markapur), Bihar (Garwah), Madhya Pradesh (Mandsaur), Maharashtra (Thane), Orissa (Sambalpur), Rajasthan (Jaipur), Tamil Nadu (Sivakasi) and Uttar Pradesh (Varanasi-Mirzapur-Bhadohi,, Moradabad, Aligarh and Ferozabad).
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Rehabilitation of Children Working in Hazardous Occupations

A major program was launched on 15th August 1994 for withdrawing child labor working in hazardous occupations and for rehabilitating them through special schools. Under the program a total of two million children are sought to be brought out of work and put in special schools where they will be provided with education, vocational training, monthly stipends, nutrition and health-checks. As a follow-up, a high powered body, the National Authority for the Elimination of Child Labor (NAECL) was constituted on 26th September, 1994 under the Chairmanship of the Minister for Labor, Government of India. The functions of NAECL are:

  •  to lay down policies and programs for the elimination of child labor, particularly in hazardous employment
  • to monitor the progress of the implementation of programs, projects and schemes for the elimination of child labor;
  • to coordinate the implementation of child labor related projects of the various sister Ministries of the Government of India (to ensure convergence of services for the benefit of the families of child labor)

Secretaries to Government of India in the Ministries of Labor, Information & Broadcasting, Welfare, Rural Development, Textiles and the Departments of Expenditure, Education, Health, Family Welfare and Women & Child Development are members of the National Authority for the Elimination of Child Labor. The NAECL has already met five times on October 1, 1994, November 1, 1994, January 1, 1995, July 10,1995 and December 31, 1996.
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Present Coverage Under National Child Labor Project:

So far 76 child labor projects have been sanctioned under the National Child Labor Project Scheme for covering 150,000 children. Around 105,000 children are already enrolled in the special schools. The next table gives the figures of the state-wise coverage of children under the National Child Labor Project.
 

Coverage under National Child Labor Project

State Districts Sanctioned Schools Coverage Children Actual Schools Coverage Children
Andhra Pradesh 20 807 43550 610 36249
Bihar  08 174 12200 173 10094
Gujarat 02 040 2000 023 1254
Karnataka 03 100 5000 024 1200
Madhya Pradesh 05 138 9800 087 6524
Maharashta 02 074 3700 024 1200
Orissa 16 430 33000 239 14972
Rajasthan 02 060 3000 054 2700
Tamil Nadu 08 379 19500 307 14684
Uttar Pradesh 04 150 11500 105 7488
West Bengal 04 219 12000 164

8250

Total

76

2571

155250

1810

104615

 

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Assistance to Voluntary Organizations:

Under the grant-in-aid scheme, voluntary organizations are being financially assisted to the extent of 75% of the project cost for taking up welfare projects for working children where the children are provided with education, supplementary nutrition, health care and vocational/skill training. The voluntary organizations, which were extended assistance under the scheme during 1996-97 (up to December 1996), are:

1.The Congregation of the Sisters of the Cross of Chavanad, Tiruchirapalli, Tamil Nadu
2. Indian Council for Child Welfare, New Delhi
3. Karnataka State Council for Child Welfare, Bangalore, Karnataka
4. India International Rural Centre, New Delhi
5. Vivekananda Education Society, Calcutta, West Bengal
6. Shramik Vikas Sewa Ashram, Allahabad,, Uttar Pradesh
7. Gramin Sansadhan Vikas Parishad, Buxur,, Bihar
8. United Club, Ujini, Orissa
9. Jibaramjee Club, Orissa
10.Gram Vikas Seva Samity, Allahabad, Uttar Pradesh
11.Karimpur Social Welfare Society, District Nadia, West Bengal
12.Indian Council for Child Welfare, Tamil Nadu
13.ViJayapuram Praja Seva Samithi, Chittoor, Andhra Pradesh 
14.Bandhuwa Mukti Morcha, New Delhi
15.Rafi Ahmed Kidwai Shiksha Samiti, Khurda, Bhopal, Madhya Pradesh 
16.Gram Swaraj Abhiyan Sansthan, Baishali, Bihar
17.Mahatma Gandhi Khadi & Gramodyog Samity, Khurda, Orissa
18.Gopal Samaj Kalyan Pratishthan,, Nalanda, Bihar
19.Mithila Gram Vikas Parishad,, Darbhangha, Bihar
20.Navachaitanya Academy for Youth Advancement, Vishakapatnam, Andhra Pradesh
21.All India Santhan Welfare & Cultural Society, New Delhi
22.Unemployed Young Workers' Society, Burdwan, West Bengal
23. Village Reconstruction & Development Project, Salem, Tamil Nadu
24.Daroga Prasad Roy Mahila Prashikshan Avam Audogik Kendra, District Saran, Bihar
25.Manab Seva Sadan, Dhenkanal, Orissa
26.Bagmari Youth Progressive Association, Calcutta 
27.Bhagra Diamond Club, Burdwan, West Bengal
28. Social Environmental and Rural Technology Council, Pallel, Manipur 
29.Manorama Mahila Mandal, Vaishali
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Budgetary Support to Child Labor Program

A plan provision of Rs. 150 million was made for child labor elimination program in India's Eighth Five-Year Plan (1992-93 and 1996-97). The budgetary allocation was substantially stepped up after the launching of program in August 1994 for the rehabilitation of child labor working in hazardous occupations. The allocation during 1995-96 and 1996-97 was of the order of Rs.344 million and Rs.560 million. As against this, the actual expenditure for these two years was of the order of Rs.343 million and Rs.338 million respectively. The allocation for 1997-98 is Rs.784 million. (In 1995-96 and 1996-97, $1= Rs.35 approximately. In 1997-98, $1 = Rs. 37 approximately).
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Status of Free and Compulsory Education

India's National Policy on Education, 1986 gives the highest priority to the program of universal elementary education, and recommends that free and compulsory education of sufficient quality be provided to all children up to the age of 14 years before we enter the 21st century. The present thrust is on three aspects, namely, universal access and enrollment, universal retention of children up to 14 years of age, and substantial improvement in the quality of education to enable all children to achieve essential levels of learning. All these aspects have been incorporated in the various initiatives taken up by the Ministry of Human Resource Development.

All the State Governments have abolished tuition fees in government schools up to the upper primary level Education. In schools run by local bodies and private-aided institutions is almost free. However, unaided institutions (3 to 7%) do charge fees. Compulsory Education Acts have been enacted in 14 states and 4 Union Territories viz. Assam, Andhra Pradesh, Bihar, Delhi, Gujarat, Haryana, Jammu & Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Kerala, West Bengal, Chandigarh, Pondicherry and Andaman and Nicobar Islands.
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SUPREME COURT DIRECTIONS ON CHILD LABOR

The Supreme Court of India, in its judgement dated 10th December, 1996 in Writ Petition (Civil) Number 465/1986, has given certain directions regarding the manner in which children working in the hazardous occupations are to be withdrawn from work and rehabilitated, and the manner in which the working conditions of children working in non-hazardous occupations are to be regulated and improved. The judgement of the Supreme Court envisages:

(a) Simultaneous action in all districts of the country;

(b) Survey for identification of working children (to be completed by June 10, 1997)

(c) Withdrawal of children working in hazardous industries and ensuring their education in appropriate institutions;

(d) Contribution of Rs.20,000 per child to be paid by the offending employers of children to a welfare fund to be established for this purpose;

(e) Employment to one adult member of the family of the child so withdrawn from work, and if that is not possible a contribution of Rs.5000 to the welfare fund to be made by the State Government;

(f) Financial assistance to the families of the children so withdrawn to be paid out of the interest earnings on the corpus of Rs.20,,000/25,000.00 deposited in the welfare fund as long as the child is actually sent to the schools;

(g) Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for at least two hours is ensured. The entire expenditure on education is to be borne by the concerned employer;

(h) Planning and preparedness on the part of Central and State Governments in terms of strengthening of the existing administrative/regulatory/enforcement frame-work (covering cost of additional manpower, training, mobility, computerization etc.) implying additional requirement of funds.

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Follow up Action on the Directions of the Supreme Court

As a follow up of the directions of the Supreme Court, all the State Governments were sent detailed guidelines on December 26, 1996 indicating the manner in which the directions of the Supreme Court were to be implemented. A meeting of the NAECL was convened on 31st December 1996 to discuss the directions of the Supreme Court on child labor. It was decided in the meeting that the Ministry of Labor should immediately release funds to the State Governments so as to enable them to conduct surveys of working children before June 10, 1997. A conference of the Lab6r Ministers of State/Union Territories was convened on January 22,1997 to finalize an action plan for the implementation of the directions of the Supreme Court on withdrawal and rehabilitation of working children. In the conference, all the participating States and Union Territories welcomed the judgement and demonstrated their political will to eliminate child labor. However, all the States pleaded for additional and liberal financial assistance from the Central Government for implementing the judgement of the Supreme Court. The following significant recommendations were made in the Conference:

  • The survey envisaged in the judgement of the Supreme Court would be in two phases. In the first phase the survey would be conducted in all industries, establishments, shops, work places in urban and semi-urban catchment areas where hazardous processes will be identified. In the event of any child labor being found employed in any such process, simultaneous action would be taken to recover an amount of R.20, 000/from the offending employer. Hazardous establishments in the rural areas would also be fully covered by the survey in the first phase. The door-to-door survey for the purpose of identification and enumeration of working children will be taken up in the second phase.
  • While primarily it is the responsibility of the State Governments to provide necessary funds for taking up activities in compliance of the directions of the Supreme Court, funds for conducting the survey will be released by the Central Government to the agencies at the district level immediately. If the funds released for the first phase of survey fall short of the actual requirement in any district, the State Governments will provide the additional funds for this purpose. Since this first phase of the survey is concentrated on industrial establishments, the requirement of funds would be worked out by the Central Government and the same would be released immediately.
  • Immediate action will be initiated by the State Governments for strengthening the enforcement machinery at various levels and for creation of a separate cell at the State level to monitor and coordinate the activities to be taken up in compliance of the directions of the Supreme Court. They will also send their requirements of funds in this regard, if any, to the Planning Commission at the earliest.
  • If the State Governments are not in a position to complete the survey by 10th June, they will apprise the Hon'ble Supreme Court about the reasons for delay and seek extension of time from the Hon'ble Supreme Court well in advance.
  • If for some reason, the State Governments find it difficult to give effect to any one or more directions of the Supreme Court, they will seek necessary clarification/directions from the Hon'ble Supreme Court well in time.

As a follow-up of the decision taken in the State Labor Ministers' Conference, the Chief Secretaries of State and Union Territories have been sent detailed guidelines for carrying out the survey as per the directions of the Supreme Court. A copy of the child labor survey form has also been sent to the Governments of State and Union Territories. Funds have been released to all the State and Union Territories governments for the purpose of conducting the surveys. The Chief Secretaries were specifically instructed that if the State Governments could not complete the surveys in time, they should apprise the Supreme Court through an affidavit about the reasons for delay and seek extension of time from the Supreme Court well in advance.

At Annexure V is the position on the implementation of the directions of the Supreme Court, as contained in the affidavit of the Secretary of Labour, Government of India on December 4,1997.
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IPEC: ILO'S INTERNATIONAL PROGRAM FOR THE ELIMINATION OF CHILD LABOR

The International Program on the Elimination of Child Labor is a global program launched by the International Labor Organization in December 1991. India was the first country to join it in 1992 when it signed a Memorandum of Understanding with the ILO. The long-term objective of IPEC is to contribute to the effective abolition of child labor. Its immediate objectives are:

  • Elimination of the capability of ILO constituents and Non-Government Organizations to design, implement and evaluate programs for Child Labor Elimination;
  • To identity interventions at community and national levels which could serve as models for replication; and
  • Creation of awareness and social mobilization for securing elimination of child labor.

At the international level, IPEC has a Program Steering Committee consisting of representatives of the ILO, the donors and participating countries. At the national level in India,, there is a National Steering Committee of which the Labor Secretary is the Chairman. This is tripartite in its composition with representation from NGOs as well. There is a National Program Coordinator based at New Delhi who coordinates IPEC work between the Ministry of Labor, the agencies receiving assistance and ILO Headquarters. ILO has made an allocation of $4.15 million between 1992 and 1996 for the IPEC program in India: State-wise projects under IPEC and number of children covered (92-97)
 

State

Projects approved

No. of Children

Andhra Pradesh 15 15455
Bihar 3 1340
Delhi 6 4200
Gujarat 5 1350
Haryana 1 300
Karnataka 2 1320
Kerala 2 2000
Madhya Pradesh 6 2050
Manipur 1 500
Maharashtra 7 1750
Orissa 4 1500
Rajasthan 7 5800
Tamil Nadu 17 6710
Uttar Pradesh 11 13939
West Bengal 19 22890
Regional 2 NA
All India Institutions 11 NA
Total 120 81154

 As per the Memorandum of Understanding between the Government of India and the ILO, the IPEC program was to continue till December 3 1, 1996. The MOU was extended on January 28, 1997, until December 31, 1997 in the first instance. Thereafter, the MOU continues with mutual agreement.

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