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A Study of Policies for Children in the Context of Child Labour in India | |||||||
Paper Id :
17162 Submission Date :
2023-02-02 Acceptance Date :
2023-02-19 Publication Date :
2023-02-21
This is an open-access research paper/article distributed under the terms of the Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. For verification of this paper, please visit on
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Abstract |
Even in the most privileged families, children of all ages have always played an important part in the functioning of the economy. Children may be successful at certain types of jobs. Certain pursuits do provide a positive contribution to their development, serve to get them ready for the occupations they will have in the future, and facilitate the passing down of traditional skills from one generation to the next. Over the course of the last decade, our nation's government has undertaken a wide range of policy measures and actions, the primary objective of which has been to address the problem of an alarmingly high number of children being employed in the workforce. India is home to about one-third of the world's estimated 250 million children who are engaged in some kind of child labour. The pursuit of universal literacy and the elimination of child labour are two causes that need to be prioritized on a war footing. Doing so will not only ensure that democracy is a genuine triumph, but it will also ensure that the nation makes general social advancements and maintains economic growth.
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Keywords | Child Labour, NCLP, RTE Act 2009, Education. | ||||||
Introduction |
Even in the most affluent societies, young people have always played an active role in the economy. For children, every kind of job is beneficial. There are several activities that contribute to their growth, prepare them for future challenges, and assist to convey traditional skills from generation to generation. In other words, "child labour" is not the same as "child labour". It's allowed to do the former, but it's exploitative to do the latter. Child labour becomes an absolute evil when children are forced to work beyond their physical capacity, when their education, leisure time, and rest are disrupted by their work schedules, when their wages aren't commensurate with the amount of work they're putting in, and when the occupation in which they're employed puts their health and safety at risk. Even yet, it might be difficult to distinguish between harmful and helpful forms of child labour. There is a lot of kid labour that is somewhere in the middle of these two extremes.
Over the past decade, a variety of government measures and programs have been implemented in this nation in order to address the issue of child labor. All of these steps — including the creation of a task force on child labor, legislation of the Child Labor (Prohibition and Regulation) Act in 1986, and ratification of the United Nations Convention on the Rights of the Child — have played a role. As a result of these efforts, there was the creation of a new education policy with a specific component for working children in it. The purpose of this article is to determine if the policy changes implemented by the Indian government over the previous several years have had any influence on the country's child labor situation.
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Objective of study | On the topic of child labor, this study also looks at education policy. There is a clear lack of understanding of how elementary education may be used to remove children from the workforce while proposing non-formal education as the main strategy to address the problem of illiteracy among working children.It is concluded that a realistic and practical answer to the problem of rising child labor is to make elementary school obligatory for all children. |
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Review of Literature | Abdul, H. (2014) analysis of detailed
empirical research in Bangladesh on 93 children in street situation. The main
methods used were participant observation, play activities, in-depth interviews
and group discussions. Towards the end of field research, a semi-structured
questionnaire was utilized to triangulate the qualitative data that had been collected
and to add a quantitative dimension to the analysis. It finds that social
factors lie behind most street migration and, in particular, that moves to the
street are closely associated with violence towards and abuse of children
within the household and local community. In Bangladesh, those who seek to
reduce the flow of children to the streets need to focus on social policy,
especially on how to reduce the excessive control and emotional, physical and
sexual violence that occur in some households. “Economic growth and reductions
in income poverty will be helpful, but they will not be sufficient to reduce
street migration by children.” Khwairakpam, S. and Sukhminder, K., (2013) According
to a well rounded rehabilitation program for street children cuts across
several factors such as medical care for children, training on health and
hygiene such as cooking, laundry. There is also counseling at individual level
as well as group therapies and recreational activities, vocational training and
other life skills empowerment activities. In counseling, play therapy, role
playing has been known to help in rehabilitating children because first and
foremost children love fun and through such interactions, cohesion and trust is
created. A well designed rehabilitation centre should be attractive to the
children; this is a gap for another study. However, rehabilitation programs face several challenges;
this is a suggestion for another study. The problem of street children
relapsing from the rehabilitation centres and going back to the street is
adamant. This is attributed to so many factors, which this study categorized as
social, economic and the coping mechanism to street life. The street children
often times resist the rehabilitation programs and run to the bases where they
belonged. Sometimes they relocate to other bases especially if they do not want
to go back to the rehabilitation center. Jambunathan and Caulfield (2008)research
reports troubling patterns among street children: many lack schooling due to
insecurity, and others participate in violence, drug misuse, and unsafe
behaviors. The study pointed out that about sixty percent of the children had
never walked into a primary school and seventy percent have never stepped into
a secondary school. However, thirty percent have completed childcare and six
percent have attended primary or secondary school. A significant number of
children pressured to enroll in the study have claimed they were desperate and
fled their homes to stop living, going to school or even supporting their
parents. Mathur, M., Rathore, P. and Mathur, M., (2009) find
out the socio-cultural background, ecological factors and various problems
faced by street children. This cross sectional study conducted in and around
Udaipur city included 200 street children chosen randomly. After obtaining a
detailed history regarding their caste, profession of their parents, family and
environmental history, a detailed assessment of child labour was done. Special
emphasis was laid upon child abuse, factors responsible for compelling them to
adopt child labour and life style of these children. They concluded that the
street children were subjected more frequently to child abuse. They were
exposed to occupational hazards, deficiency diseases and had ambition to become
a good citizen of the country. So, these street children must be provided
tender care and emotional support and we must empower their educational and
co-curricular activities, so that they attain a secure future. Sharma, S. and Lal, R., (2011), on his
study assumes that street children can be explained in the context of social
exclusion. On 15 street children he was employing qualitative methods; main aim
of this study is to understand the reasons for children to start working on
street, focuses on the findings from the life histories of children who work/live
on streets of Ankara, in which two types of information are analyzed in the
context of Social Exclusion. The American Heritage Dictionary (2009) defines
rehabilitation as the means to restore to useful life through therapy and
education or to restore to good condition, operation or capacity. (Calhound
et al. 1995) describes rehabilitation as an intensive insidious and
deliberate strategy intended to equip one with new skills to cope with rapid
changes in the world. The introduction of the children’s Act Cap 586 gave the
government, Non-Governmental Organisations, Faith Based Organisations the
mandate and responsibility to protect all children especially those in
difficult circumstances. These institutions have endeavored to devote all the means
possible to provide rehabilitation after being rescued from the streets to the
main stream of social life (Mohammed, 2002). Street children end up in the
streets because of different factors that account for it. They therefore need
to be rescued and restored through the rehabilitation process. In India over 18million children work on the streets
particularly in Kolkata and Bombay cities. Mathur (2009) claims
that the children are vulnerable to diseases, lack of clean drinking water, shortage
of proper clothing, inadequate food, and lack of other social protection
services from the government. Moss et al. (2009) advocates for transformative pedagogies focused on ethical commitment to resist discrimination and inequalities. Hence, the teachers should develop an open, listening, positive orientation, and embrace the cultural backgrounds of such children to achieve the objectives of the projects. |
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Main Text |
1.1 Child Labour And Law The lack of enforcement of labor regulations promotes child
labor, despite the existence of a policy to do so. This may be seen in the fact
that the minimum age of work varies by industry. According to the International
Labor Organization, children put in the most hours and earn the least money of
any other group of workers. India's Child Labor (Prohibition and Regulation)
Act 1986 and Rules make it illegal for any child to work in any of the
occupations listed in Part A of the Schedule or any workshop where any of the
procedures listed in Part B of the Schedule is carried out. "Child"
in this context refers to a person who has not yet turned the age of fourteen.
To protect workers and their families, the law forbids the use of minors under
the age of 18 to do certain dangerous tasks or procedures. In response to the
recommendations of the Child Labor Technical Advisory Committee established
under the Act, the list of potentially hazardous activities and procedures is
being broadened. [1] 1.2 Consequences Of Child Labour Concerns about child labor's influence on children's
mental health are one aspect of the harmful impact on children's physiological
and psychological levels. It's important to remember that one-third of children
in underdeveloped countries don't finish even the first four years of school.
One of the most important indicators of a child's involvement in hazardous
activities is socioeconomic status. Child labor is linked to a variety of
social ills, including poverty. [2] There is a paucity of research on the effects of child
work on mental health. [3] Children working in the handicraft industry in
Morocco were shown to have respiratory, digestive, and skin disorders, as well
as mental health issues such as sleeplessness, irritability, enuresis, and
asthenia, in a retrospective cohort study. [4] To compare youngsters aged 10–17 who work full-time in
small industrial shops with nonworking-matched school pupils, a cross-sectional
survey was conducted. The majority of them required medical attention due to
their deteriorating physical health, which was mostly manifested by skin sores
or ear issues. [5] In Lebanon, researchers studied youngsters exposed to
solvents and found that they were more likely to suffer from lightheadedness,
weariness, decreased memory, and sadness than those who were not exposed. [6]
Diagnostic interviews were performed in cross-sectional research in Addis
Ababa, Ethiopia, to investigate the prevalence of mental illnesses in 528
children aged 5 to 15 who were street workers, child domestics, and employees
of private businesses. Mental illness affects as many as 20.1% of the
population, compared to 12.5% of the overall population. [7] Researchers in the
Gaza Strip studied 780 youngsters (ages 9–18) who were working and looking for
a link between labor-related characteristics and mental health issues.
Socioeconomic characteristics and factors connected to children's underage
employment were likely to be linked to mental health problems of workers. [8] Researchers are concerned with the physical and societal
effects, but less attention has been paid to the mental health consequences.
Child labour has not been studied in the Indian context, despite the fact that
it has a negative influence on mental health. Government Schemes and Policies Child labour is a serious, multifaceted problem. Studies
have shown that abolishing child labour and placing children in school will
have substantial aggregate development advantages. In order to reap the
benefits, future generations would need to have more education than those who
worked as children. Several international and national governmental efforts and
programs have been implemented to address child labour. In conjunction with the
child labour and education number of actions have been launched at a worldwide
level: 1. In 1948, Universal Declaration on Human Rights:
Right to Education, 2. In 1966, International Covenant on Economic, Social
and Cultural Rights: Compulsory and Free primary education, 3. In 1973, the International Labour Organization
Convention [ILO]: Minimum age of 15 was decided. 4. In 1989, the Convention on the Rights of Child:
“Freedom of association, primary education, rest and leisure, no hazardous
child labour, protection from sexual exploitation and trafficking” 5. In 1999, ILO convention 182:“Worst form of Child
labor: Banned Slavery, use in armed conflict, prostitution, drug trade; work
harmful to health safety, morals” Child labour is a complex issue that has various entrance
points, but the greatest progress has been made in identifying the relationship
between eradicating child labor and ensuring that all children have access to
quality education. “Education for all “, China, Brazil, and Sri Lanka are the
burning examples to show that in addition to poverty reduction, mass education
has been critical in tackling child labor. For instance, drop our rates are
very high in the states of Bihar and Andhra Pradesh where there is a high
incidence of child labor. On the other hand,the dropout rate is the lowest in
Kerala, which has the lowest incidence of child labor. UNICEF’s research proves
that children who grow up without a basic education find it harder to sustain
themselves and their families. UNICEF has called upon the nations to chalk out
plans for providing free and compulsory education to all children by 2015. India has the second-largest network school system in the
world. Yet, of the three tots enrolled in school in class one, two tend to
leave school before reaching class three. The fact that only one out of three
children is a girl partly explains why nearly two out of three women can read
and write in India. Again, the situation is still worst in rural areas. The
division between rural and urban areas concerning female level of literacy is
quite sharp. Evidence show that due to a lack of awareness and education of
parents also many students are sent to work because these illiterate parents
who are unaware of the importance of education want their children to fire far
themselves as early as possible much better if they become sources of income
for their family. Thus, it is fact that the lack of appreciation by parents for
the role of the education in improving the life and the living condition, has contributed
the prevalence of child labour. Therefore, adult education and the overall
removal of illiteracy is also needed to cope with this social evil. A school
for every child as well as adult education programs is the need of the present
day. If the socio-economic situation is considered then it depicts that
large-scale poverty has acted as an effective barrier to the success of the
program of the Universal Education in the country. It is because of poverty the
dropout rates have been reported very high. This is corroborated by a recent
survey (The Public Report on Basic Education – PROBE) in the four of the
poorest and most child labour endemic states Bihar, Uttar Pradesh, Rajasthan,
and Madhya Pradesh. But another comparative study of the state of Kerala and
Uttar Pradesh disregard the claim that it is predominantly poverty that
prevents the poor from sending their children to school. In both states, the
proportion of people living below the poverty line is around 45%. Nevertheless,
Kerala has an average literacy rate of 90% whereas in Uttar Pradesh this figure
is around 40%. Right to Education RTE Act 2009 The strength and future of any country are the children
of that country. In such a situation, it is very important for children to get
good education in their childhood, so that they can become good citizens for
the country in the coming time. In earlier times the standard of education had
deteriorated. Only the children of the rich could study well, while on the
other hand the poor children were not able to study. 1. Under the Right to Education Act 2009, free
education will be provided to children in the age group of 6-14 years in
government schools in the country and all these will be managed by the Schools
Management Committees. 2. Apart from
this, 25% of poor children in the age group of 6-14 years will have to be provided
free education in private schools. If any school does not follow the
above-mentioned rules, a fine of 10 times more than the fees collected and the
recognition of the school can also be canceled. 3. There is a
provision of fine of one lakh rupees for running the school even after
cancellation of recognition and ten thousand rupees daily thereafter. Under the
Right to Education Act, the responsibility of providing free education to the
children of the country will be in the hands of the Center and the state. Every
school should have clean and separate toilets for boys and girls. Schools
should provide free drinking water. 4. It has
been seen many times in the country that due to some reason the child is not
able to get admission, but with the help of RTI Act, if a child is not admitted
then they can take admission according to their age. 5. Children
with disabilities have also been given special attention in the RTI Act, under
this Act, the age of free education for children with disabilities has been
increased from 14 to 18 years. Teachers are also mentioned in this Act.
According to the Right to Education Act, no government teacher can run his own
private tuition other National Child Labour Project Scheme The National Child Labour Policy was approved by the
Cabinet on 14th August 1987 during the Seventh Five Year Plan Period. The
policy was formulated with the basic objective of suitably rehabilitating the
children withdrawn from employment thereby reducing the incidence of child
labour in areas of known concentration of child labour. National Child Labour Project Scheme (NCLPS) was started
in 1988 to rehabilitate child labour. The Scheme seeks to adopt a sequential
approach with focus on the rehabilitation of children working in hazardous
occupations and processes. Under the Scheme, a survey is conducted of children
engaged in hazardous occupations and processes in a district or a specified
area; then children in the age group of 9-14 years are withdrawn from these
occupations and processes and put into NCLP Special Training Centers. In the
NCLP Special Training Centers, these children are provided bridge education,
vocational training, mid-day meal, stipend, health care and recreation etc.
with the ultimate objective of preparing them to be mainstreamed into Role Of Central Government In The NCLP Scheme 1. The Ministry of Labour and Employment, Government
of India shall have the primary responsibility for laying down the guidelines
and funding the scheme. Actual responsibility for effective implementation
shall however rest with District Administrations and Project Societies by
involving local communities, NGO‟s/ civil society, academia, media and
advertising groups as well as other social partners like trade unions and
employer’s organizations. 2. An NPMC (National Project Monitoring Cell) of two
Project Associates will assist the CMC. The monthly salary for the Project
Associates would be Rs.40,000/-. Work with States to evaluate all proposals
from different States, analyze physical and financial progress reports, work on
the proposed NCLPS, participate in joint review missions with States to carry
out a periodic evaluation of Project implementation, collate data received from
different States, and put up ana for the National Project Monitoring Cell. The
Ministry of Labor and Employment will define the terms and conditions of the
hiring of the resources, which will be done on a contract basis. National Policy on Education (NPE) 1986 Every child has the right to an education. With a
child-centered approach, NPE 1986 and its POA 1992 are significant policy
interventions stressing early childhood care and education (ECCE). Part five,
titled "Reorganization of Education at Different Stages," contains
ECCE, which argues that nutrition, health, and social, mental, physical, moral,
and emotional development are all integral parts of a child's growth. ECCE is
part of this holistic approach. When it comes to ECCE, it will be given top
attention and incorporated into the Integrated Child Development Services
(ICDS). Children up to the age of fourteen should be enrolled in and retained
in elementary school in order to enhance the quality of their education. As a
result of this strategy, the National Elementary Education Mission 'Education
for All' was launched in 1993 and the District Primary Education Program was
established in 1994. As of right now, SarvaShikshaAbhiyan's objective is to
provide universal access to high-quality primary education by the year 2010. National Nutrition Policy 1993 According to this Policy, chronic and persistent hunger
caused by widespread poverty is the most serious problem facing the developing
world. The state of undernutrition, which affects vast groups of the poor,
especially women and children, is a physical manifestation of this continually
re-enacted tragedy. ‘Undernutrition’ is a condition arising from insufficient
intake of food or more necessary nutrient(s) leading in impairment of physical
development and health. Because of the many facets involved in nutrition, it is
a problem that must be addressed at several levels. Nourishment has an equal
impact on a person's level of development as does development on nutrition. The
argument made by the nutrition policy instrument in its strategy is that the
issue of nutrition needs to be addressed in two ways: first, through direct
nutrition intervention for vulnerable populations; second, through other
development policy instruments that will create circumstances that are
favorable to improved nutrition. National Charter for Children 2003 The Government's commitment to children's rights is
reaffirmed in the Charter, which was approved on February 9th, 2004, and made
official. All children should have a healthy and happy childhood that is
protected from all types of abuse while building families, communities, and the
nation, as well as addressing core factors that prevent children from achieving
their potential. All children must be protected from economic exploitation and
all forms of abuse, as well as the right to freedom of expression and
information, according to the policy. The policy also stresses the importance
of early childhood care, free and compulsory primary education, and the
protection of the girl child, as well as the empowerment of adolescents. Progrrame For Children The previously described policies paved the way for the
creation of plans aimed at ensuring the well-being of children. To better
understand the appropriations made by the government for programs geared toward
children, there is a strong focus on child budgeting. The following are some
useful child schemes: 1. Mid-Day Meal Scheme In 1956, the former Madras State introduced a free lunch
program for primary school students. National Program of Nutritional Support
for Primary Education (also known as the "mid-day meal program") was
launched in 1995 in order to increase enrolment, retention, and attendance as
well as to improve the nutritional status of children. Schoolchildren in the
United States received just "dry rations" of cereal grain in 2001,
with some states offering prepared lunches. After a Supreme Court judgment
(dated November 28, 2001) mandated that all state governments implement
prepared mid-day meals in elementary schools, the number of states delivering
cooked lunches climbed rapidly in early 2002. The program has been updated to
include students in grades six through eight in the primary school system. 2. Rajiv Gandhi National
Crèche Scheme for the Children of Working Mothers This program offers food, housing, and other necessities
to children in addition to daycare. In 2006, it was redesigned.
Non-governmental groups may apply for financial help to operate crèches for
newborns (0-6 years old) and offer sleeping facilities, healthcare,
supplemental nutrition, vaccination, etc. for operating a crèche for 25 infants
for eight hours. 3. The ShishuGreh Scheme The Ministry of Women and Child Development is
responsible for implementing this programme. These goals include promoting
adoptions inside the nation, ensuring basic standards of care for children, and
providing institutional assistance within the country for the care and
protection of newborns and children up to the age of six who are either
abandoned or poor. 4. SarvaShikshaAbhiyan (SSA) SSA is a community-owned school system that aims to
ensure that all children have access to primary education. Quality basic
education is a reaction to the growing demand for it throughout the nation. By
providing community-owned quality education delivered in a mission manner, this
program also aims to improve human skills for all students. By 2010, the program's
goal is to ensure that all children ages 6 to 14 have access to quality primary
education. It is also hoped that by including the local community in the
administration of local schools, disparities such as those based on gender and
regionalism would be bridged. 5. Integrated Program for Street
Children Full and healthy growth of children without homes or
family connections is the goal of this plan. Preventing child impoverishment
and reintegration into society is one of the key goals of this program.
Children who have been abandoned and neglected on the streets are to be
provided with adequate housing, food and medical treatment, clean drinking
water, educational and recreational opportunities, as well as protection from
abuse and sexual exploitation. An important part of this approach is educating
people about the need of protecting children's rights and providing them with
the resources they need to do so, including government agencies,
non-governmental groups, and citizens at large. Street children, particularly
those without homes or families, as well as children who are particularly
susceptible to abuse and exploitation, such as those of sex workers or pavement
dwellers, are the focus of this initiative. 6. Report on Convention of the
Rights of the Child and Its Two Optional Protocols "Child Abuse: INDIA 2007" was the title of a
study commissioned by the Ministry of Women and Child Development. As a way to
better formulate laws and programs to combat child abuse in India, researchers
conducted this study to get a solid grasp of the issue. The National Study on
Child Abuse is one of the biggest empirical in-country studies of its type in
the world. Study findings include a high level of abuse among children ages 5
to 12 years; boys are equally at risk as girls, and abusers in positions of
power are the most common; 70% of abused child respondents never reported the
abuse; two out of every three children are physically abused; two out of three
children are victims to corporal punishment; and the State of Andhra Pradesh,
Bihar, Delhi has the highest rate of abuse among children. The greatest rate of
sexual assault was reported by minors on the street, at employment, and in
institutions. 7. Integrated Child Protection
Scheme (ICPS)
Protecting children's rights and acting in their best
interests are important tenets of this plan. For the ICPS, protecting and
rehabilitating all children in need of care and protection is as important as
enforcing the law to defend children's rights and punishing anybody found
guilty of harming or abusing a kid. The goal of the ICPS is to bring all of the
current child protection programs under the umbrella of a single,
government-sponsored initiative. The goal of this program is to bring together
government and non-governmental organizations. Children in need of care and
protection, vulnerable children, and children in dispute with the law are all
included in the target population. |
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Conclusion |
One of the main causes of this issue is poverty. This problem cannot be solved only by enforcing the law. The government has placed a great deal of attention on the rehabilitation of these children and the improvement of their families' economic circumstances.
CARE India, Child Rights and You, the Global March Against Child Labor, and a host of other non-governmental organizations have all been striving to end child labour in India's workplaces. It is possible to put an end to child labour by putting positive intentions and concepts into law and taking concrete action to safeguard children's health. Young children's endurance is greater, and they are unable to object when they see inequality. Child labour can be broken only by focusing on community mobilization and the reintegration of child workers back into their families and schools. This evil necessitates a multidisciplinary strategy combining professionals in the fields of medicine, psychology, and sociology. [9]
Keeping this in mind, it's important to reflect on the landmark RTE Act of 2009, which established the right of all Indian children to free and compulsory education. Families and communities will work with the government to ensure that every kid in India has the right to a high-quality primary education, a first in India's history. Without India, the world's aim of completing basic education for all children by the year 2015 would be impossible. Although there has been a huge increase in the number of children from low-income families attending school, there are still major inequities. It's still the case that girls are 8.8 percentage points less likely than boys to enroll in upper primary school (Grades 6–8), that the gender gap for Scheduled Tribes (ST) is 12.6, and that the gender gap for Scheduled Castes is 16.4 percentage points (SC). Disadvantaged groups like child workers, migrants, children with special needs, or those with "disadvantage due to socio-cultural-economic-geographical-linguistic-gender or such other circumstances" have been given particular consideration under RTE's regulations. When it comes to getting 8 million out-of-school youngsters to return to school and succeed, it's a huge undertaking. Efforts must be made to reduce inequities and assure quality while also maintaining equality. Putting the law into action successfully will surely help India end child labour. |
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