Legal Status of Child Labour in India

EPGP 2010-11 – Legal Aspects of Business

Instructors:

Prof. M R Sreenath Prof Lalitha Sreenath

Submitted by: Group#4 Date of Submission Members: - 20th Sep 2010 Anil Pal Rajendra– 002EPGP2010 Deepak Pande -004EPGP2010 Gaurava Singhal -005EPGP2010 Naveen Kanthed -013EPGP2010 Sathish Rajan -028EPGP2010

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Contents Factual Matrix ................................................................................................................................... 3

Summary of Court’s Decision ............................................................................................................. 6

Evolution of the constitutional & legal provisions relating to child labour in India .............................. 8

Child Labour: - An International Perspective .................................................................................... 12

Suggestions (legal and non legal) for tackling child labour................................................................ 15

Final Words ..................................................................................................................................... 17

References ...................................................................................................................................... 18

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Factual Matrix Source: Judgment, Writ Petition (C) No. 465 of 1986

1. In 1986 Public Lawyer M. C. Mehta filed a petition in Supreme Court against the State of Tamil

Nadu pointing out the large scale violation of the fundamental right of Children mentioned in

Article 24.

2. Noting that children in Sivakasi were indeed employed in hazardous processes, on 31-10-1990

Honourable Supreme Court gave directions based on the provisions mentioned in Article 39(e)

and Article 45 in order to improve the life of children in Sivakasi. The Court also advised to form a

committee to supervise the compliance of directions.

3. Subsequently, an “unfortunate accident” took place in one of the firecrackers factory of Sivakasi.

The Court took suo motto cognizance on the same case.

4. At the direction of the Court, Tamil Nadu Government filed a detailed report stating, inter alia,

that number of persons who died was 39. The Court gave certain directions regarding the

payment of compensation and requested for the formation of an advocates' committee which

should visit the area and make a comprehensive report relating to the various aspects of the

matter, as mentioned in the order of 14-8-1991.

5. The Committee submitted its report on 11-11-1991 containing many recommendations, the

summary of which is to be found at pp. 24-25 of the report.

6. Objections to committee’s recommendations were filed by the President of the All India Chamber

of Match Industries, Sivakasi and the President of Tamil Nadu Fireworks and Amorces

Manufactures'

7. Also there were other reports apprising about the working conditions of children in Sivakasi, the

measures taken and recommendations and propositions submitted by the Labour Department by

the Tamil Nadu Government, Collector of Kamarajar District and the Department of Labour and

Employment, Social Welfare and Education in collaboration with UNICEF

8. The Government of India as well had been appraising itself about the various aspects relating to

child labour in various industries. A 16-member Committee set up by a resolution of the Labour

Ministry submitted its report (dated 24-6-1981), which mentions about the survey conducted in

certain organised and unorganised sectors of industries.

9. The report has its conclusion stated in Chapter III, para 4.5, mentioned as below:

“Extreme poverty, lack of opportunity for gainful employment and intermittency of income and

low standards of living are the main reasons for the wide prevalence of child labour. Though it is

possible to identify child labour in the organised sector, which forms a minuscule of the total child

labour, the problem relates mainly to the unorganised sector where utmost attention needs to be

paid. The problem is universal but in our case it is more crucial.”

10. The problem of child labour in India was not restricted to Sivakasi, it was (and is) all pervasive.

This is apparent from the chart which finds place in the commendable work of a social

anthropologist of United Nations Volunteers, Neera Burra, published under the title "Born to

work : Child Labour in India", as at pp. 246 to 250 of the 1995 edition.

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Census Reports

11. According to the 1971 census 4.66 per cent (in absolute numbers 10.7 million) of the child

population in India consisted of working children.

12. On the basis of National Sample Survey 27th round (1972-73) the number of working children as

on March 1973 in the age group of 5-14 years may be estimated at 16.3 million and based on the

32nd round at 16.25 million on 1-3-1978 (14.68 million rural and 1.57 million urban).

13. According to 1981 census the figure has gone to 11.16 million working children.

14. As estimated by the Planning Commission on 1-3-1983, there would be 15.70 million child

labourers, (14.03 rural and 1.67 urban) in the age group of 10-14 years and 17.36 million in the

age group of 5-14 years.

15. The National Sample Survey Organisation estimates the number at 17.58 million in 1985.

16. None of the official estimates included child workers in the unorganised sector, and therefore,

were underestimates. Estimates from various non-governmental sources as to the actual number

of working children range from 44 million to 100 million.

Constitutional Calls

17. To tackle the problem of children labour and to provide them with equal opportunities there are

Articles 24, 39(e), 39(f), 41, 45 and 47 in the constitution of India. Of these Article 24 is a

fundamental right. Other Articles too act as directive principles in the matters of great public

importance. Abolition of Child Labour is also a matter of great public significance.

International Perspective

18. The Government of India deposited its instrument of accession to the Convention on the Rights of

the Child on 11-12-1992 with the United Nations' Secretary-General.1

19. The International Labour Organisation, set up in 1919 suggested that the minimum age of work

be 12 years. The Hon'ble Sir Thomas Holland had said in the Legislative Assembly in February

1921 that if the minimum age was raised, the same would upset the organisational setup of most

textile mills which were the principal employers of children. On the other hand, there were those

who felt that the answer to the problem lay in compulsory primary education. The House

ultimately was divided with 32 members voting for raising the minimum age to 12 and 40 voting

against it. The Assembly, therefore, recommended to the Governor-General-in-Council that the

Draft Convention should be ratified with certain observations.

20. A Royal Commission on Labour came to be established in 1929 to inquire into various matters

relating to labour in this country. The report came to be finalised in 1931. It brought to light many

inequities and shocking conditions under which children worked.

1 Sources: http://www2.ohchr.org/english/law/crc.htm http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en#EndDec

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21. The recommendations of the Commission came to be discussed in the Legislative Assembly and

the Children (Pledging of Labour) Act, 1933 came to be passed, which may be said to be the first

statutory enactment dealing with child labour.

22. As on today, the following legislative enactments are in force prohibiting employment of child

labour in different occupations.

a. Section 67 of Factories Act, 1948

b. Section 24 of Plantation Labour Act, 1951

c. Section 109 of Merchant Shipping Act, 1958

d. Section 45 of Mines Act, 1952

e. Section 21 of Motor Transport Workers Act, 1961

f. Section 3 of Apprentices Act, 1961

g. Section 24 of Beedi and Cigar Workers (Conditions of Employment) Act, 1966

h. Child Labour (Prohibition and Regulation) Act, 1986 (Act 61 of 1986)

23. Even so, it is common experience that child labour continues to be employed. As to why this has

happened despite the Act of 1986, has come to be discussed by Neera Burra, in her

aforementioned book at pp. 246 to 250 of the 1995 edition.

24. This has been a subject of study by a good number of authors. It would be enough to note what

has been pointed out in Indian Child Labour by Dr J.C. Kulshreshtha.

25. It seems that the poverty is basic reason which compels parents of a child, despite their

unwillingness, to get it employed. The Survey Report of the Ministry of Labour (supra) had also

stated so. Otherwise, no parents, specially no mother, would like that a tender-aged child should

toil in a factory in a difficulty condition, instead of it enjoying its childhood at home under the

paternal gaze.

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Summary of Court’s Decision

Source: Judgment, Writ Petition (C) No. 465 of 1986

The honourable Supreme Court directed the states of our country to do the following in this

landmark judgement.

1. A survey would be made of the aforesaid type of child labour which would be completed within six

months from today (i.e. the date of judgement).

2. To start with, work could be taken up regarding those employments which have been mentioned

in Article 24, which may be regarded as core sector, to determine which hazardous aspect of the

employment would be taken as criterion.

3. The most hazardous employment may rank first in priority, to be followed by comparatively less

hazardous and so on.

4. The State to see that an adult member of the family, whose child is in employment in a factory or a

mine or in other hazardous work, gets a job anywhere, in lieu of the child.

5. The employment to be given as per our direction could be dovetailed to other assured

employment.

6. The undertaking chosen for employment shall be one which is nearest to the place of residence of

the family.

7. In those cases where alternative employment would not be made available as aforesaid, the

parent/guardian of the child concerned would be paid the income which would be earned on the

corpus, which would be a sum of Rs. 25, 000 for each child, every month.

8. The employment given or payment made would cease to be operative if the child would not be

sent by the parent/guardian for education.

9. On discontinuation of the employment of the child, his education would be assured in suitable

institution with a view to make him a better citizen.

10. It may be pointed out that Article 45 mandates compulsory education for all children until they

complete the age of 14 years; it is also required to be free. It would be the duty of the Inspectors

to see that this call of the Constitution is carried out.

11. A district could be the unit of collection so that the executive head of the district keeps a watchful

eye on the work of the Inspectors. Further, in view of the magnitude of the task, a separate cell in

the Labour Department of the appropriate Government would be created.

12. The Secretary to the Ministry of Labour, Government of India would apprise this Court within one

year from today about the compliance of aforesaid directions.

13. Insofar as the non-hazardous jobs are concerned, the Inspector shall have to see that the working

hours of the child are not more than four to six hours a day and it receives education at least for

two hours each day. It would also be seen that the entire cost of education is hours by the

employer.

14. The Child and the State in India that India is a significant exception to the global trend toward the

removal of children from the labour force and the establishment of compulsory, universal primary

school education, as many countries of Africa like Zambia, Ghana, lvory Coast, Libya, Zimbabwe,

with income levels lower than India, have done better in these matters. This shows that what has

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caused the problem of child labour to persist here is really not dearth of resources, but lack of real

zeal. Let this not continue. Let us all put our head and efforts together and assist the child for its

good and greater good of the country.

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Evolution of the constitutional & legal provisions relating to child

labour in India Year Relevant Act Action Taken

1881 Factories Act Set minimum age of employment at 7 years and maximum hrs of work per day as 9 hrs

1891 Factories Act Amendment - Minimum age of employment set to 9 years

1901 Mines Act Prohibition on employment of children under 12 years in any mine

1922 Factories Act Amendment - Minimum age of employment raised to 15 years and restricted working hours

for child to 6 hrs

1931 Indian Ports Act Set 12 years as minimum age for handling goods at ports

1932 Tea Districts

Emigrant Labour

Act

Restricted child below sixteen years to be employed, or allowed to migrate, unless

accompanied by parents

1933 Children (Pledging

of Labour) Act

The Children (Pledging of Labour) Act, passed into law in 1933, is the first acknowledgment

of the problem of child bondage.

1934 Factories Act Prohibited children below twelve years from being employed in factories and restricted

work to five hours a day for children between twelve and fifteen

1935 Mines Act Raised the minimum age to fifteen years

1938 Employment of

Children Act

The first enactment squarely addressing the issue of child labour - set the minimum age of

employment in certain industries at fifteen and in the transport of goods on docks and

wharves at fourteen

1948 Factories Act Prohibited a child under fourteen from working in a factory

1950 Constitution of

India

Guaranteed as a fundamental right in part 3 of the constitution – No child below the age of

14 years shall be employed to work in any factory or mine or engaged in any other

hazardous employment

1951 Plantations

Labour Act

Prohibited the employment of children below twelve

1952 Mines Act Categorically rejected the employment of persons below the age of eighteen years

1958 Merchant Shipping

Act

Prohibits employment of children under fourteen

1961 Motor Transport

Workers Act

Prohibits employment of children below fifteen “in any capacity in any motor transport

undertaking.”

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1961 Apprentices Act Disqualifies a person less than fourteen years from being engaged as an apprentice

1966 Beedi and Cigar

Workers Act

Prohibits the employment of children under fourteen in any industrial premises

1986 Child Labour

(Prohibition and

Regulation) Act

Prohibits employment of children in a scheduled list of occupations and a scheduled list of

processes.

1993 Supreme Court of

India

In a landmark decision, declared free education to age fourteen to be a Fundamental Right.

In 2002, Constitution was amended to reflect Supreme Court's decision.

2001 Child Labour

(Prohibition and

Regulation) Act

Restore the minimum age of fifteen in merchant shipping and motor transport and to

restore the prohibition of child labour on plantations

2006 Child Labour

(Prohibition and

Regulation) Act

“Domestic workers or servants” were added to the list of prohibited occupations in the

CLPRA

2006 Protection of Child

Rights Act

Protection of Child Rights Act came into effect.

Table 1 - Summary - Evolution of Child Labour Laws in India

In India, the measures and reform to eradicate the child labour had started as early as in 1881 with

the Factory act restricting the minimum age for child employment, per day working hours and

illegalizing the double employment. Thereon as the need arose and also based on the socio-

economic condition of the country there had been many revisions in the Factory act. In each revision

starting from 1891 to post independence 1948 frequently the minimum age of child employment

had been altered. Interestingly in the subsequent revision of factory act had not only raise the

minimum working hour but also had brought it down. For instance in 1934 the factory act had

reduced the minimum age of employment from 15 years to 12 years. It reflects to us that these Acts

under British rule were also sometime aligned to the self driven need of industrialization instead of

child welfare.

Along with the Factory act the special protection had also been created in the individual industry

acts. Many industries such as port, tea, mines, merchant shipping have introduced a minimum

eligible age in their respective industries Act. Also the respective industries act had incorporated

special clauses to ensure the health and fitness of children from some of the hazardous activities

related to industry. For instance the Mine Act has restricted the employment of children to open

cast mines.

In 1950 when the constitution of free India was promulgated the Article 24 as guaranteed in part 3

of constitution was enforced as fundamental right. Article 24 states that ““No child below the age of

14 years shall be employed to work in any factory or mine or engaged in any other hazardous

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employment.” Also the Part 4 of constitution set out non justifiable Directive Principles of State

Policy. These include directives that “the tender age of child are not abused and that citizens are not

forced by economic necessity to enter avocations unsuited to their age and 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”; and that the state shall endeavor to provide “free and compulsory

education for all children until they toward the overall development was realized and constituted as

the part of the directives in the constitution. – To add details on right to education history

In 1986 in the light of the report by the Sanat Mehta Committee that reiterated the

recommendation by Guruprasadaswamy Committee on Child labour, Child Labour (Prohibition and

Regulation) Act (CLPRA) of 1986 came into existence. The CLPRA Act prohibits employment of

children in a scheduled list of occupations and a scheduled list of processes. The list of occupation

and processes considered hazardous grew from 5 to 13 and 11 to 57 respectively between 1986

and 1999. Public interest litigation has contributed significantly in the addition to the list. For

example, children under fourteen were found to be among the migrant workers and contract

labourers engaged in construction work for the Asian Games. In 1982, the case was taken to the

Supreme Court by a democratic rights organization. The court found that, at the time, construction

was not on the list of prohibited occupations for children. The prohibition of child labour in the

building and construction industry was included in the CLPRA when it was enacted in 1986. Based

on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition &

Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified

hazardous occupations and processes and regulates the working conditions in others. The list of

hazardous occupations and processes is progressively being expanded on the recommendation of

Child Labour Technical Advisory Committee constituted under the Act.

Source: Govt of India, Ministry of Labour (www.labour.nic.in)

In consonance with the above approach, a National Policy on Child Labour2 was formulated in

1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of

children working in hazardous occupations & processes in the first instance. The Action Plan

outlined in the Policy for tackling this problem is as follows:

1. Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non-hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children.

2. Focusing of General Developmental Programmes for Benefiting Child Labour - As poverty is the root cause of child labour, the action plan emphasizes the need to cover these children and their families also under various poverty alleviation & employment generation schemes of

2 http://labour.nic.in/cwl/childlabour.htm

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the Government

3. Project Based Plan of Action envisages starting of projects in areas of high concentration of child labour. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages running of special schools for child labour withdrawn from work. In the special schools, these children are provided formal/non-formal education along with vocational training, a stipend of Rs.100 per month; supplementary nutrition and regular health checkups so as to prepare them to join regular mainstream schools. Under the Scheme, funds are given to the District Collectors for running special schools for child labour. Most of these schools are run by the NGOs in the district.

Government has accordingly been taking proactive steps to tackle this problem through strict

enforcement of legislative provisions along with simultaneous rehabilitative measures. State

Governments, which are the appropriate implementing authorities, have been conducting regular

inspections and raids to detect cases of violations. Since poverty is the root cause of this problem,

and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the

rehabilitation of these children and on improving the economic conditions of their families.

In 1997 Human right commission has raised concern on wide spread exploitation and abuse of child

domestic servants. They had repeatedly urged the government to change the rules to prohibit the

government employee from employing children for domestic help. Subsequently, the central

government and many state governments did bring in a change in their rules. Finally, in October

2006, this ban reached beyond government servants when “domestic workers or servants” were

added to the list of prohibited occupations in the CLPRA.

After many years of Directive in Constitution in land mark judgment Supreme Court has made the

right to primary education part of the right to freedom, stating that the State would provide free and

compulsory education to children from six to fourteen years of age. Six years after an amendment

was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill in 2008.

After the tussle over the financial responsibility finally the Right to Education Bill is notified and

came into effect on 1 April 2010.

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Child Labour: - An International Perspective A wave of progress has swept much of the world, raising living standards and empowering many to

lead prosperous, secure and dignified lives. However, it has left millions behind and sadly many of

whom are children who labour at the expense of health and education. Children working long hours

under dangerous conditions are deprived of not only their right to a prosperous and healthy

childhood but also their right to some basic necessities like education. The worst forms of child

labour place a child’s health, safety and morals at risk and can endanger the child’s life.

Here are some examples of the types of child labour situations that children can be found: In West

Africa children are exposed to hazards while harvesting cocoa beans. In Burma, Burundi, Columbia,

the Democratic Republic of Congo and Sudan they serve as soldiers. Africa and Latin America children

haul bricks. In Asia, children are forced invariably into almost all forms of domestic and industrial

labour. In some parts of the world girls and boys are trafficked into prostitution while others work on

agricultural plantations and other industries.

All around the world 211 million children between the ages of 5 and 14 are working. At least 60

million are working under dangerous or abusive conditions. The majority of working children work in

the agricultural industry (70%), but children are working in many other industries as well. As per the

data from UNICEF, most of the world’s estimated 250 million working children are 11 to 14 years old,

but as many as 60 million are between ages of 5 and 11. A brief summary of data is presented

below:-

1. Exact numbers are not known, but millions of girls work as domestic servants and unpaid

household help and are especially vulnerable to exploitation and abuse.

2. The incidence of Child Labour is highest in Africa where 41 percent of children 5 to 14 years old,

are estimated to work, compared with 21 percent in Asia and 17 percent in Latin America and

Caribbean.

3. While boys and girls who work in manufacturing export industries are often assumed to

epitomize the child workers, most children actually labour in the informal sector- doing

agricultural work, peddling wares in the streets or working as household servants.

4. At least 60 million children work under especially horrific circumstances- forced into debt

bondage or other forms of slavery, or into prostitution or pornography or participation in armed

conflict.

5. At least one million children a year are enticed or forced into prostitution, part of a huge network

of sexual exploitation that stretches from South-East Asia and former Soviet bloc to Latin

America.

6. Children are increasingly being exploited as pliable labour by drug traffickers in cities of Asia and

Latin America.

7. In war torn regions, tens of thousands of boys and girls are abducted or lured into militias or

regular armies.

8. Asia, excluding Japan, has the highest number of economically active children (5 to14 years of

age) at 61 percent, followed by Africa 32 percent and Latin America and the Caribbean 7 percent.

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Causes of Child Labour

Internal Factors External Factors

Difficult family situations Belonging to a minority population (racial or ethnic) and suffering social exclusion

Single Parent families Strong peer group and external influences with material values Dysfunctional families Socio economic dislocation (economic crisis, social transition)

Unsupportive or Unprotective families The effect of HIV/AIDS Poor Family Values Situation of girls Low Level of Education Low Potential skill level

Table 2 - Causes of Child Labour

Combating Child Labour: A Brief Summary

There are many international organizations working to eliminate Child Labour and exploitation.

Besides these, there are numerous not-for-profit organizations and initiatives across various

geographies that have come to fore to make a sustainable change to society at large and are

garnering support from corporate sector to make their efforts widespread, focused and more

effective. Few of the noteworthy names of international bodies in the perspective of Child Labour

are as follows:-

1. UNICEF

2. IPEC (An ILO programme)

3. CRY

4. World Bank

Among the major international agents in the field, in particular the ILO, UNICEF, and the World Bank,

a consensus has been reached to focus efforts to curb the worst forms of child labour. All three

organizations assist governments in developing policies and strategies, and they also support

implementation programs. Though only a very small share of working children is involved in export

businesses, trade mechanisms including sanctions are prominent in the public debates on the issue.

In the World Trade Organization (WTO), however, binding statutes against trade involving child

labour are being strongly opposed, particularly by developing countries that see protectionism as

the underlying motive.

There is a broad consensus that trade sanctions are a double-edged instrument that may have

adverse effects on children. Collaborative initiatives between the human rights and business sectors

are on the other hand a fast-expanding field. In 2000 the UN launched a program, Global Compact,

to work directly with companies, with "effective abolition of child labour" as one of the nine goals.

Regionally, under the North American Free Trade Agreement (NAFTA) there is a mechanism to

monitor labour rights within member countries. The United States has a long tradition of unilaterally

applying certain labour standards, encompassing prohibition of child labour, to trade agreements. In

the early 2000s, both the United States and the European Union (EU) have a so-called General

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System of Preferences granting trade benefits to countries that live up to certain labour standards.

While the U.S. system focuses solely on import goods, the EU system, installed in 1998, also focuses

on applicant state policy to abolish child labour more broadly.

Other measures to combat child labour have been developed by individual companies as well as

business sectors, often in cooperation with nongovernmental organizations. These initiatives include

the promotion of investment and trade principles, demands on suppliers in developing countries,

and the labeling of products. Despite these efforts, given the many and complex interests embedded

in child labour issues, strategies to combat the adverse effects of child labour must operate at many

different levels and include all stakeholders, including children themselves.

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Suggestions (legal and non legal) for tackling child labour Suggestions – Industry / Workplace

1. Factories that involve hazardous materials could be industrialised / automated. Automated

factories require less manual interventions.

2. Products could be labelled “Child labour free”. This creates consumer awareness. Consumers

could be encouraged to buy such labelled items.

3. Absence of child labour could be added as one of the criteria for the factory to get

certifications like ISO, ISI etc.

4. Black listing of factories that involve child labour on an “ethical list” would create awareness

among the general public.

5. Imposing restrictions or additional tax on factories that involve child labour can discourage

employers to go in for child labour.

6. Contractors for big corporations must be subjected to spot checks. If any instance of child

labour is found, stiff penalties should be imposed on them.

Suggestions – Central / State Government

1. The labour inspectors should be monitored strictly under the central vigilance department.

Action should be taken against any erring government officials.

2. The mid day meal scheme could be expanded to provide breakfast and dinner for poor

children.

3. Child labour can be given strong emphasis in adult literacy programmes.

4. Celebrity endorsements for anti child labour drives can be sought.

5. Corruption eats away a big chunk of money meant for poverty eradication. Vigilance

department must be given special powers to eradicate corruption.

6. Similar to the lines of the Supreme Court orders on making it mandatory for all registered

companies to form a committee against sexual harassment, there should also be a mandate to

form a committee to look after Child Labour and Exploitation in Labour Intensive Industry.

While this committee should be empowered with sufficient authority, the same should be held

accountable pertaining to matters related to transparency in the execution of Anti Child Labour

Laws.

7. Government should introduce significant subsidies for the industries which, by not practicing

child labour, are helping the labour reform initiatives.

8. A dire need is there to create an atmosphere of utmost safety and encouragement for the

whistle blowers in or outside the industry, wherever the Child Labour is rampant. Incentive

should be given to anyone who brings to the notice of the concerned state/national

authorities, the incidence of Child Labour.

9. The laws should be fine-tuned to trap the loopholes, whereby, by way of an organization sub

contracting a significant portion of its work to other organizations (where Child Labour Laws

are violated) gets away clean, without any charge of offence.

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10. Various Corporate Social Responsibility groups of top corporate should indeed also focus on

joining hands with Child Labour eradication groups; just like the way theses CSR groups do in

Environmental, Healthcare and Green issues.

11. Employing ones offspring into family business in any way (though conforms to Consensual

Form of Child Labour) but should be a part of renewed labour reforms.

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Final Words

Child labour is not only affecting under-developed and developing countries, but developed

countries are also facing this though the rate is comparatively very less. Child labour in Asia

accounts for the highest percentage of child labour (61%) followed by Africa (32%). According to

International Labour Organization (ILO), if child labour will be banned and all children get proper

education, world's total income would be raised by nearly 22% over 20 years, which accounts for

more than $4 trillion. Banning child labour will help in boosting the economy of a country. For an

efficient and realistic intervention in policy matters, a differentiation needs to be made of the

different categories of disenfranchised children: the labouring child, the working-cum-schooling

child and various other disabled children who are usually referred to as nowhere children. A clear

analysis will also help us to have a better understanding of the causes of child labour, although one

should add that causes tend to be multivariate, and that explanations need to be found in the

structure (of poverty, modes of employment, labour relations, etc.)

‘The problem of child labour, being inextricably linked with poverty and illiteracy, cannot be solved

by legislation alone, and a holistic, multipronged and concerted effort to tackle this problem will

bring in the desired results’3.

3 www.labour.nic.in

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References 1. ‘EVOLUTION OF THE LAW ON CHILD LABOR IN INDIA’ - Usha Ramanathan

2. www.labour.nic.in

3. http://spiritualsoul.ning.com/photo/child-labour-4?context=user

4. http://www2.ohchr.org/english/law/crc.htm

5. http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-

11&chapter=4&lang=en#EndDec