Annexure-1

Questionnaire

Questionnaire for working Children's Opinion

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to Aligarh and Firozabad District of Uttar Pradesh"

Name of the informant

Occupation

Phone No. (Off) Mobile

Thank you,

Research Scholar M. Khairoowala

448

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Personal Profile of Working Child

Name of the respondent child

Age of the respondent

Sex

Which is your native place

Religion

Caste

Education

Experience

Nature of work

Income monthly

Income Daily.

Income weekly.

What is your Father's Name

What is your parent's

Occupation

What is Income of your parent.

What is educational status of

Your parents

5-8 years

Male

village

Hindu

General OBC,

Pre-school

3"* primary

6"' primary

Secondary level

l-2yrs

Above

Skilled

300-500

Above 1200

Rs30,

Rs. 200,

Farmer

Business

; Upto Rs. 500

1500-2000

Pre-school

3''' primary

6%rimary

Secondary level

9-11 years |

Female

Mohalla

Muslim

sc Manihar, Nai,

l'* Primary

4^ primary

3-4 yrs.

Unskilled

600-800

Rs.40,

Rs. 300,

Agricultural labourer

501-1000

2001-2500

1*'Primary

4*primaiy nth

Illiterate

12-14 years

sikh

ST Qureshi, Dhobi

2"'' primary

5"̂ primary gth

5-6 yrs.

900-1100

Rs.50

Rs. 500,

Labourer in factory

1001-1500

Above 2500

2"'' primary th

5 primary gth

449

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

Type of house where do you live

Ownership of the house where Your family lives

Rent of the house

Pucca

Rental

Rs. 300-400

Rs.601-700

Rs. 901-1000 How did you get employment?

Your father mothers both alive?

Which one is dead?

What is mode of wage payment?

How many family members you have?

No. of days you are supposed to work in a week.

No. of hours you work per day

Do you enjoy a holiday

Is the holiday paid or impaid

Does your employer treat you well.

Are you satisfied with the job

Do you face any difficulty on the job

Have you suffered any accident or bodily injury during work

Please specify the injury

Do you suffer from any health problems as a result of employment?

Are you supposed to stay outside home in connection with employment?

Kachcha

Owned

Rs. 400-500

Rs.701-800

Above 1000

Semi-pucca

Provided by the employer

Rs.500-600

Rs. 801-900

» Through own efforts » Through parents » Through relatives » Through others » Yes 1 No

» Father l^Both » Mother 1 Daily • Weekly » Monthly » Bonded against lump sum advance 1 1 - 2 ^ 7 - 8 • 3 - 4 .•;9-10 i 5 - 6 •Jll-n » 7 days • 6 days » 5 days » 8 hours » 10 hours • 12 hours • Yes • No » Paid » Unpaid • Yes • No » Yes » No • Yes • No • Yes » No

• Yes • No

> Yes No 1

450 35.

36.

37.

38.

What is working condition in your unit

Do you suffer any of the following diseas

Do you know anything about your rights as a worker

Do you received wags.

» Lighting » Ventilation • Toilete • Drinking Water • First Aid » Breathing problem » Tuber closis • Poor Eyesight » Skin trouble • Any other » Yes » No » Own • Your parents

451

Causes of Child Labour

Please give your assessment by tick mark (V) in the a

S. No.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

S. No.

13.

14

15

16.

17.

18.

Socjo-Economjc aspect

You are going for work because you support the family

You are not going to school because there is nobody in the family to support you. You are going for work because there is nobody to feed you in the family. You are going for work, because there is no sufficient income of the family. You are getting salary as settled.

You are satisfied with the present salary. You are getting over time wages.

Your parents borrowed money from others for the fulfillment of basic needs of the family. You are going for work to save the family from starvation. You are going for work because you are saving for your sister's marriage. You are going for work because your parents is poor and you support the family income. You are going for work because your father involved in criminal activity.

Educational aspect

You are not going to school because it is too far. You can not afford schooling.

Your family does not allow schooling.

Your family does not allow schooling because school is not consider valuabh to your family. You are not going to school, because you are poor in studies. You are going for work because your parents are illiterate.

Agree

ppropriate

Disagree

; box as per

Strongly agree

the given

Strongly disagree

scale.

Don't know

432

19.

20.

21

22

23

You dropped out school because your father become sick. You dropped out school because your father died. You are still going to school

You are provided Midday Meal in you school. You are working at homes with your parents because your employer gives you work at the contract basis.

453

Annexure-II

Questionnaire

Questionnaire for Academicians. Lawyers, Judicial Opinion

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to Aligarh and Firozabad District of Uttar Pradesh"

Name of the informant

Name of the organization

Occupation

Phone No. (Off) Mobile

Thank you,

Research Scholar M. Khairoowala

Faculty of Law Aligarh Muslim University Aligarh

454

PUBLIC PERCEPTION QUESTIONNAIRE (For Academicians, Lawyers, and Judiciary)

1.

2. 1 J .

4.

5.

6.

Name of the person

Age of the respondent

Sex

ReHgion

Caste

Education

]

Male

Hindu

General

Graduate i'ost Graduate Doctorate

Female

Muslim

SC ST OBC Any other

(V) in the appropriate box as per the given scale.

s. No.

1.

2.

J.

4.

5.

6.

Educational Aspect

Employment of children as workers helps them to gain proficiency in the work and emerge as highly skilled and experienced adults.

Lack of reinforcement and reward for educated youth forces parents to send their children for work at an early stage?

Commercialization of education forces parents to send their children for work.

The illiteracy of parents coupled with lack of proper educational facilities in many areas paves way for child labour?

Social Aspect

Child labour helps a transition from lower to higher class to ensure better standard of living.

Child labour is a better alternative to child begging

Agree Disagree Strongly Agree

Strongly Disagree

Undecided

455

s. No.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Child labour is a better alternative to child prostitution

Employment to children is a service to the society for upliftment of poor

Child labour is no punishment to the tender hands but instead a proper nurture and nourishment to make them best fits in future life.

Child labour has no rationale as it is the decision of the parent who are second to none as well wishes of their children.

Child labour is not unethical rather fulfillment of social obligation by employers towards poor of whom government fails to take care of

Child labour keeps children away from education and breeds illiteracy in a society

Working children are prone to habits like smoking, gambling and extravagancy

Child labour compels children to lead pre-mature adults lives

Child labour has high opportunity cost as it leads to loss of potential intellectuals and thinkers in nation.

Inferiority complex when they sight school going children which suppresses their courage and creativity.

Children as workers are prone to exploitation by reason of their docility

Child labour is an off school of poverty which is the result of unequal distribution of wealth

Employing child labour is a violation of human rights.

Employment of child in hazardous work is a crime.

Agree Disagree Strongly Agree

Strongly Disagree

Undecided

!

1 1

i !

456 21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Child labour is a moral crime against humanity

Hazardous nature of job coupled with excessive work load and long hours of work are so heinous crime.

Child labour is a punishment to tender hands for no fault of theirs

Child labour laws fail as these are unacceptable to people with unsound financial position.

Weak enforcement of laws leads to child labour with impunity.

The parents of child workers shall be booked under the relevant laws.

Child labour shall be completely band in all aspects.

The employers of child labours shall be dealt with through stringent punitive measures.

The enforcement of child labour laws shall be strictly observed.

Child labour is subject to punishment under child labour laws.

457

Annexure - III

Questionnaire

Questionnaire for Employers Opinioii

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to

Aligarh and Firozabad District of Uttar Pradesh"

Research Scholar M. Khairoowala

Faculty of Law Aligarh Muslim University Aligarh

458

Employers view on Child Labour

1.

2.

3.

4.

5.

Age of the respondent

Sex

Religion

Caste

Education

Male

Hindu

General

Female

Muslim

SC ST

: Secondary level : Graduate : Post Graduate

OBC Any other

Please give your assessment by tick mark (V) in t

S. No.

6.

7.

8.

9.

10.

11..

12.

13.

14.

15.

16.

17.

You know Child labour is prohibited.

You have employed child labour because you have no fear of law enforcement.

You have child labour because you have never heard any threat of report of violation of law.

You have employed child labour because cost of production becomes low.

You have child labour because child labour is easily available

You have employed child labour due to more profitability of the concern

You have employed child labour because you need not discharging any social responsibilities.

You feel pride while providing employment to poor children

You employ child labour because no officer from labour department visited your organization so far.

You have employed child labour because you are getting appreciation in the society.

The supreme court in the latest decision decided to abolish child labour.

Govt, is not following role to eliminate child labour.

le appropriate box as per the given scale.

Agree Disagree Strongly agree

Strongly disagree

Don't know

459 18.

19.

20.

21

22

Society is not playing role to eliminate child labour.

NGO's are playing role to eliminate child labour.

Maintenance of attendance register for child labour is necessary.

You have employed child labor but you are getting work from their homes because of fear of fine imposed by the supreme court decision in M.C. Mehta verses union of India

You have employed child labor but you are giving work to the children at their homes because you have fear of law of enforcement and many labor legislation to stop child labor.

460

Annexure - IV

Questionnaire

Questionnaire for Parents Opinion

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to Aligarh and Firozabad District of Uttar Pradesh"

Name of the informant :

Name of the organization

Occupation

Phone No. (Off) Mobile

Thank you,

Faculty of Law Aligarh Muslim University Aligarh

Research Scholar M. Khairoowala

401

Parent's opinion on child labour 1. 2. 3

Name Age Occupation

4. Income

5. Education

25-30 Farmer Business Up to Rs. 500 1500-2000 Pre-school 3'*̂ primary 6* primary

31-35, 36-40 41-45 Agricultural laborers Laborer in factory 501-1000 1001-1500 2001-2500 Above 2500 l" Primary 4*** primary Tth

2"** primary 5 primary gth

Secondary level Illiterate

Please give your assessment by tick mark

S. No.

1.

2.

3.

4.

5.

6.

7.

8.

9.

Educational aspect

Employment of children as workers helps them to gain proficiency in the work and emerge as highly skilled and experienced adults.

Lack of reinforcement and reward for educated youth forces parents to send their children for work at an early stage?

Commercialization of education forces parents to send their children for work.

The illiteracy of parents coupled with lack of proper educational facilities in many areas paves way for child labour?

Social Aspect

Child labour helps a transition from lower to higher class to ensure better standard of living.

Child labour is a better alternative to child begging.

Child labour is a better alternative to child prostitution.

Employment to children is a service to the society for upliftment of poor and destitute.

Child labour is no punishment to the tender hands but instead a proper nurture and nourishment to make them best fits in future life.

(V) in the Agree

appropria Disagree

te box as pei Strongly

agree

• the given Strongly Disagree

scale. Un

Decided

462 10.

11.

12.

13.

14.

15.

16.

17.

18.

" •

20.

21.

22.

23.

Child labour has no rationale as it is the decision of the parent who is second to none as well wishes of their children.

Child labour is not unethical rather fulfillment of social obligation by employers towards poor of whom government fails to take care off.

Child labour keeps children away from education and breeds illiteracy in a society.

Working children are prone to habits like smoking, gambling and extravagancy.

Child labour compels children to lead pre-mature adults lives.

Child labour has high opportunity cost as it leads to loss of potential intellectuals and thinkers in nation.

Inferiority complex when they sight school going children which suppresses their courage and creativity.

Children as workers are prone to exploitation by reason of their docility.

Child labour is an off school of poverty which is the result of unequal distribution of wealth.

Legal Aspect

Employing child labour is a violation of human rights.

Employment of child is a crime.

Child labour is a moral crime against humanity.

Hazardous nature of job coupled with excessive work load and long hours of work are so heinous crime.

Child labour is a pimishment to tender hands for no fault of theirs. 1 1 1

463

24.

25.

26.

27.

28.

29.

30.

Child labour laws fail as these are unacceptable to people with unsound financial position.

Weak enforcement of laws leads to child labour with impunity.

The parents of child workers shall be booked under the relevant laws.

Child labour shall be completely band in all aspects.

The employers of child labours shall be dealt with through stringent punitive measures.

The enforcement of child labour laws shall be strictly observed.

Child labour is subject to punishment under child labour laws

LIST OF CASES

1. Francis collie v/s Union Territory of Delhi, AIR 1981 SC.

2. Sheele Barss v/s Union of India, AIR 1988 SC.

3. Laxmi Kant v/s Union of India, AIR 1984 SC.

4. Peoples Union for Democratic Rights v/s Union of India, AIR 1982 SC.

5. Jabber v/s State of U.P., AIR 1966 All.

6. Mineirva Mills Ltd. v/s Union of India, AIR 1980 SC.

7. J.P. Unni Krishnan v/s State of Andhra Pradesh, AIR 1993, SC.

8. M.C. Mehta v/s State of Tamil Nadu and others AIR 1991, SC.

9. Shrimati Menka Gandhi v/s Union of India, AIR 1978 SC.

10. Bandhua Mukti Morcha v/s Union of hidia, AIR 1984 SC.

11. Ajay Hasia v/s Khalid Mujib, AIR 1986 SC.

12. Airport Authority v/s Union of India AIR 1979, SC.

13. Somparkash Lekhi v/s Union of India, AIR 1979, SC.

14. Bapu Ji Educational Association v/s State, AIR 1986 SC.

15. Salal Hydro project v/s State of J&K, AIR 1984 SC.

16. Saroop Kumar v/s State of H.P., Cri. L.J. (1989).

17. Bhoop Ram v/s State of U.P. Cir. L.J. (1990).

18. Vishvjeet v/s Union of India, 1990 SC.

19. Baskey v/s Board of Reagents, M.P. 1954.

20. D.S. Nakasa v/s Union of India, AIR 1983.

21. R.K. Ramachamasan Iyer v/s Union of India, AIR 1984 SC.

22. M.S. Mehta v/s State of Tamil Nadu.

23. Fertilizer Cooperation Kamgar Union v/s Union of India, AIR 1974 SC.

24. K.R. Shenoy v/s Udipi Municipality, AIR 1974, SC.

465

25. Ram Kumar Mishra v/s State of Bihar, AIR 1984, SC.

26. Ratlam Municipality case, AIR 1980 SC.

27. Olga Tellis v/s Bombay Municipal Corporation, AIR 1986, SC.

28. Mukesh Advani v/s State of M.P., 1985 SC.

29. P. Sivasvsrami v/s State of A.P. AIR 1988, SC.

30. Luxmi Kant Pandey v/s Union of India, 1987 SC.

31. Sunjit Roy v/s State of Rajasthan, AIR 1982 SC.

32. Deena v/s Union of India, AIR 1983 SC.

33. Bihar Legal Support Society v/s Chief Justice of India and Others, AIR 1987, SC.