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JAMIAMILLIA
ISLAMIA
IramPeerzada
[LAW AND POVERTY-CHILD LABOUR]
“Be!"# $%e&'( "' !)"e L&!!%e* &''"+e'! %&,eB%""med "' Ear!)* W)" )a,e $r"()! !)e mea(e ". /"0.r"m )ea,e'%0 (arde'12 -Ra$&'dra'a!) Ta("re
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Acknowledgement
I take this opportunity to express my profound gratitude and deep regards to my
guide for her exemplary guidance, monitoring andconstant encouragement throughout the course of this thesis. The blessing, help
and guidance given by her time to time shall carry me a long way in the journey of
life on which I am about to embark.
I am obliged to staff members of Jamia Millia Islamia, for the valuable
information provided by them in their respective fields. I am grateful for their
cooperation during the period of my assignment.
Lastly, I thank almighty, my parents, brother, sister and friends for their constant
encouragement without which this assignment would not be possible.
Iram Peerzada
Faculty of Law
emester I!" #.$., LL.#. %&ons.'
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(ontents
). Introduction*************************+
. (hild Labour***********************.......-+. (onstitutional provisions********************/. Legislative provisions*********************0-. (auses of (hild Labour********************))1. 2fforts to overcome (hild Labour at International level*******..)1. 2fforts in India***********************..34. Landmark judgement*********************+0. (onclusion************************....-)3.5eferences************************.....1
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Introduction
6The (hild is father of the 7an8 said 9ordsworth. :ehru considers children as one
of the greatest asset for the nation. The (hild is generally considered to a person
who is less than )/ years of age and less developed, immature and cannot
understand the conse;uences of any work , and not aware of their rights. 9e all
know hard labour is the way to success. Labour can be viewed from various
aspects. , so we can say that any work done by physical and mental power is called
6labour8 such work which is more than 0 hours in a day and which is harmful for
the physical, mental health and in ha?ardous condition is called worst labour and
such labour which is not harmful for health and work not more than )/ hours in a
week and not in ha?ardous condition is called 6normal labour8. (hild labour is a
global phenomenon. The term 6child labour 6is generally used to refer 6all children
who are less than )- years old and forced to work on regular basis to earn
livelihood for themselves and their family in organi?ation or non" organi?ation and
ha?ardous and non" ha?ardous condition that are exploitative and affective to their
health and to their physical and mental development and deprived of education
and training opportunities. $ccording to International Labour @rgani?ation% IL@,33 ' 6 all children under )- years of age who are
economically active excluding those who are under - years and those between)"
)/ years old who spend less than )/ hours in a week open their jobs unless their
activities or occupation are ha?ardous by nature or circumstances, is called 6(hild
Labour8. The International Labour @rgani?ation %IL@' defines child labour as
Awork situations where children are forced to work on a regular basis to earn a
living for themselves and their families, and as a result they remain backward
educationally and socially in a situation which is exploitative and harmful to their health and to their physical and mental development. The children are separated
from their families, often deprived of educational and training opportunities and
they are forced to lead prematurely adult lives %IL@'8. The Factories $ct of )0/4
states that any work undertaken by children that interferes their full physical
development, their opportunities for desirable minimum of education or their need
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of recreation by a child below )/ years under either compulsion development or
their desirable opportunities for a child voluntarily in an organi?ed or unorgani?ed
minimum of education, termed as =child labour> %The Factory $ct )0/4'. The worst
forms of child labour are those situations where children work more than nine
hours in a dayB earn less than a minimum wage or no wages at allB work inha?ardous conditions for health and safetyB have no access to educationB and, work
outside of their familyCs home. (hildren are the future of the nation, they are
vulnerable due to their age and physical power and they cannot make plan for their
future and cannot understand the result of any work. o they should be protected
from exploitation and should be given opportunities for their physical and mental
development. &ence the protection of children is the responsibility of the nation.
The Indian constitution also makes safe guards for the children from their
exploitation and to eliminate child labour from our society. Indian constitutionmakes provisions for the children, such as $rticle"/ provides that child below the
age of )/ years shall not be employed to work in any factory or mind or engaged in
any ha?ardous employment. Dovernment of India is also committed to ensuring
protection, rights and development of children in our country to overcoming this
target government has enacted various legislations such as which prohibit children
from working in the particularly ha?ardous and dangerous activities (hild Labour
prohibition and regulation act )041.
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CHILD LABOUR
(hild labour is defined differently from the various organi?ations and group of
people. The International Labour @rgani?ation %IL@' defines child labour as Awork situations where children are compelled to work on a regular basis to earn a living
for themselves and their families, and as a result are disadvantaged educationally
and sociallyB where children work in conditions that are exploitative and damaging
to their health and to their physical and mental developmentB where children are
separated from their families, often deprived of educational and training
opportunitiesB where children are forced to lead prematurely adult lives%IL@'.8 The
Factories $ct of )0/4 defining that 6a person below the age of )/ years is to be
regarded as a (ommittee, defined child labour8 as work by child. Therefore, any
work undertaken by children that interferes their full physical development, their
opportunities for desirable minimum of education or their need of recreation by a
child below )/ years under either compulsion development or their desirable
opportunities for a child voluntarily in an organi?ed or unorgani?ed minimum of
education, termed as =child labour>.$ brief description of definition given by
different organi?ation and social scientists is listed belowE"
). International Labour Organization (ILO,2002) 6$ll children under )-
years of age who are economically active excluding those who are under -years and those between )")/ years old who spend less than )/ hours in a
week open their jobs unless their activities and occupations are ha?ardous by
nature or circumstances.8. M.C Naidu, K. asarat!a " 6any child out of school is a child labour.8+. "a#tories $#t %&' " 6$ person below the age of )/ years is to be regarded/. as child. Therefore any physical labour undertaken by a child either under
compulsion or voluntarily in organi?ed or unorgani?ed sector ;ualifies to be
called as child labour.8
-. an*a+ Mo!aatra, Manusmita as! " 6the term 6child labour8 is used for children occupied in profitable activities whether industrial and
nonindustrial.81. !ri -. -.iri" &e has given two concept of child labour,
). as a bad economic activity. . as an overt social evil.
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. r. te/en ind, r. e/an*ana C Na+du"6(hild labour implies that who
are in the age group below )/ years and who work for themselves and for
their family for an income and who contribute a significance share to the
labour force in India8.
4. 1omer "los"6as work by children that interferes with their full physicaldevelopment, their opportunities for desirable minimum of education of their
needed recreation.8
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(onstitutional
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and implementation of these provisions, it is noteworthy that child labour is
increasing day by day.)
11..C. !"#$%"& 2''5 && (1)14(
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L*+ILA,I-* RO-IIO/ 0OR RO,*C,IO/ O0 CHILD LABOUR
The Factories $ct of %)44)' was the first law to define child and to prescribe
prohibitory regulations for employment of children below years of age. The
Factories $ct, %)0))' prohibited employment of children in dangerous occupationsand working during night hours. The first (onvention of IL@, compelled
amendment of the $ct in %)0', to rise the minimum age of child to )- years.
&owever, children below the age of ) years where prohibited for employment.
The age rose to )+ years in )0+- under the $ct. The Factories $ct, %)0/4',
prescribes prohibitory regulations for employment of children below )/ years of
age in any factory. India 7ines $ct, %)0-' prohibits employment of children
below )1 years in any underground mines.
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by prescribing minimum working hours, prohibiting work at night, prohibiting
overtime work, and weekly holiday. $lso, the $ct provides measures for health and
safety of child workers. It emphasi?ed on maintenance of a register having details
of children if employed by any organi?ation. 9hile prohibiting employment in
certain occupation and processes, the law legali?ed employment of children inother cases. Indirect support was extended for such an evil practice which should
be totally prohibited irrespective of the nature of employment.
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CAU* O0 CHILD LABOUR
(hild labour is a socio"economic problem.
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nobody pays serious attention to their plights and the safeguards extended for the
prevention of child labour are not implemented effectively. 2conomic
Dlobali?ation is e;ually responsible for the growth of child labour.
R**/, C*/ARIO
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$ccording to the Indian census of )00), there are )).4 million working children
under the age of fourteen years in India. $ccording the govt. of India the number
of child labour have been decrease from ).-crore %census 3))' to 03.- lakhs in
33/"3-and recently to /0.1 lakhs %11th 5ound of :@'. (hild labour is still a
major problem in India. The &indi belt, including #ihar, 7adhya
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In most families, the parents neglect their children, caretakers batter them G in
workplaces employers sexually abuse them, through this problem of emotional,
physical G sexual abuse of children is increasing, it has failed to capture the
attention of ociologists and
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decreased to +30 in 334, and 4/4 in 330. :early 13 3f victims of trafficking
are below )4 years of age. 7ostly girls are trafficked for sexual purpose. The
number of children trafficked worldwide for sexual exploitation or cheap labour on
an annual basis is ). million. $pproximately )-3,333 women and children are
trafficked from outh $sia every year and for most of them India acts as a countryof the origin and destination. In some other cases women and girls are trafficked to
other countries via India. It is estimated that nearly -333 to 333 :epalese girls
are trafficked into India for sexual exploitation.+
*00OR, ,O O-*RCO* CHILD LABOURA, I/,*R/A,IO/AL L*-*L
3on" "ge ) 44 /o. 2'12.
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$. orld Con8eren#e on 1uman
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a' urvival rights,
b' Keveloping rights,
c'
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b' mustbe fed, the child that is sick must be nursedB the child that is backward must
be helpedB the delin;uent child must be reclaimed, and the orphan and the waif
must be sheltered and succoredB
c' must be the first to receive relief in terms of distressBd' must be put in a position to earn a livelihood, and must be protected against
every form of exploitationB
e' must be brought up in the consciousness that its talent must be devoted to the
services of its fellow men.
C. lobal #on8eren#e on #!ild labour 20%0
The heightened interest in the child labour issue in the )003s was marked by the
two international conferences held in )00. $ major review conference following
the $msterdam and @slo meetings of )00, and the 33 meeting in The &ague,
was specifically called for in the 331 Dlobal 5eport. In response to this concern,
the Dovernment of the :etherlands announced at the 330 International Labour
(onference that it would host a global meeting to be held in 7ay 3)3. The
conference is being held in cooperation with the IL@. The main objective of the
conference is to strengthen the worldwide movement to achieve universal
ratification of IL@ (onventions :os )+4 and )4 and to advance efforts to reach
the 3)1 target. (onference discussions will be structured around five key themesE
political awareness and commitmentB financing needsB policy integrationB tripartite
actionB and focus on $frica. In addition, the conference will provide a platform for
6champion8 countries, social partners and others to showcase and discuss good
practice in combating child labour. The conference will consider a road map on
ways and means to help reach the 3)1 target.
. $#tions 6se#iall+ 8or irls
Dirls depict around -/ per cent of the world>s total out"of"school children and aremuch more likely than boys never to enroll. @ne estimate suggests the global cost
of not educating girls is M0million a year, just less than the total annual
development assistance budget of developed countries. - International Labour
@rgani?ation %IL@' core (onventions on child labour stress the special risks facing
girls, particularly some of the worst forms of child labour. ince 333,
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International
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:ational policy for children as adopted on nd $ugust )0/ stands as the basis of
several national policies and programmes initiated in the last few decades to
address the varied needs of the children, and is the policy frame for this plan. The
policy laid down that state shall provide ade;uate services towards children both
before and after birth and during the growing stage s for their full physical, mentaland social development the policy emphasi?ed the need for the measures of the
balanced growth of childrenBchildren shall be protected against neglect , cruelty
and exploitation. :ational policy on child labour was adopted in august )04
contains the action plan for tackling the problem of child labour. It envisaged the
legislative action plan and convergence of general development program for
benefitting children wherever possible
:. ;!e National 1uman
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Investment for 2ducation is investment for nation. 2ducation is the most important
investments that any developing country can make for its future. 2ducation is the
most effective tool for reducing child labour. #ut in India 2lementary 2ducation
has been taken seriously and is a matter of consideration. This has been
characteri?ed by neglect of education of urban disadvantaged children, the girlchild and disabled children and by low budgetary allocation. $s a finding of
continuous and persistence advocacy campaign, the
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The :ational (ommission for
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BACHPAN BACHAO ANDOLAN ,2 UNION O3 INDIA*
4567
In a petition filed by #achpan#achan$ndolan %##$', the &on>ble upreme (ourt
of India passed a landmark judgment in the issue of missing children. The benchheaded by &on>ble (hief Justice of India 7r. Justice $ltamasabir comprising of
&onCble 7r. Justice !ikramajiten and &onCble 7r. Justice harad$rvind#obde
has taken the issue of missing children very seriously in the light of the facts
presented before it by #achpan#achao$dolan. The &on>ble (ourt took into
congnisance that in 3)) alone 03,1-/ children went missing with +/,/31 children
still remaining untraced. &owever only )-,4/ FI5s were registered and
investigations were launched.
The &on>ble upreme (ourt made a special mention of the efforts of petitioner
##$, 7r. &..
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disappearance. The child will be considered missing and in need of care and
protection, until located andNor hisNher safetyNwell"being is established.8
(ommenting upon many other suggestions made by :ational &uman 5ights
(ommission %:&5(' and :ational Legal ervice $uthourity %:$L$', the benchremarked 6$ specific investigation should be conducted if a missing child is
recovered to ascertain the involvement of organised gang in trafficking and child
labour.8
7r. ailashatyarthi, Founder, ##$ said 6It is a watershed moment not only in our
three decade fight in restoring childhood but has also brought a fresh lease of hope
for hundreds of thousands of missing children and their hapless parents, whose
cries remained unheard due to the absence of legal protection and apathy of
enforcement machinery. @ur argument that children do not disappear in thin air but
go missing because of an organi?ed nexus of traffickers and mafias has been
finally upheld by the highest court of the land today8.4
8$tt&::www.;;".og.?content:#&eme)cot)
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CO/CLUIO/
There is a lot of provision added in the constitution of India for child welfare to
overcome child labour and to avoid the situations that comes as a conse;uence of the child labour. $t an International level, different organi?ations are also working
for the same cause. #ut still there are a lot of efforts needed to create an
environment which is free from child abuse. The recent data as discussed in the
various sections of the assignment indicate how far are we in eradicating child
labour and how hard work we need to do for the welfare of the poor, ignorant and
unheard children. In this assignment we have proposed few major steps that may
be proved worthy in reducing the child abuse, hence a safe and pure society.
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Re@eence#
Q)R $nandarajakumar < %33/'. Female (hild Labour. :ew KelhiE $ < &
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Q)+R :I(2F %33/'. The tate of the 9orld>s (hildren 33/. :ew Hork.
Q)/R Hojna, :ovember 3) vol, -1 pp 3 and //.
$. Dovernment of India %)0/4' theFactories $ct.
#. ec %c' vol.+ :ew Kelhi, 7inistry of Labour.
(. Dlobal 5eport under the follow up to the IL@
K. Keclaration on Fundamental