Child Labour Ban: A Paper Tiger

CRY believes Child labour cannot be eliminated unless root causes are addressed

Last year, the Ministry of Labour issued a notification banning children from working in residences and the hospitality sector.  The Ministry had assumed that this ban would put an end some of the most insidious forms of child labour.
 
While welcoming the step last year, CRY - Child Rights and You had pointed out that there were certain gaps and unless these were addressed, it was unlikely that the ban would have any effect. A year later, child labour is still very visible: reports in the media and real life experience show how little has actually changed.
 
The causes are not far to seek -
 
Gaps in the notification: While it prohibits children working in homes, hotels, dhabas and other recreation centres, it is unclear whether this applies to the household manufacturing sector (small family-run units) where a vast number of children are employed in similar working conditions.
 
Weak enforcement mechanism and no provisions for rehabilitation: The conviction rate for the already existing Child Labour (Prohibition and Regulation) Act, 1986 is abysmally low -- so low, that it is hardly a deterrent for employers. Without strengthening both enforcement mechanisms and provisions for rehabilitation, this step has little meaning.
 
Most importantly, it totally ignores children's right to safe and facilitating environment for development, including health, nutrition and education needs.
 
Failure to address root causes: Why this effort is a complete non starter is because it fails to address the reasons why children have to work instead of going to school. Even if the current legislation is rigorously enforced, even if rehabilitation processes are perfect, the supply chain of cheap child labour will always be available. It can only be eradicated if its root causes are also addressed - causes like the lack of a coherent education policy, insufficient schools, poverty, marginalization, migration etc -- situations that force children into work. Piecemeal efforts will not do.
 
Children, work mainly to help their families because the adults do not have appropriate employment and adequate income. These children are deprived of education and opportunities to play and rest. Children also work because there is a demand for cheap labour in the market. Poor and bonded families, succumbing to the demand, often "sell" their children to contractors who promise lucrative jobs in the cities and the children end up being sexually exploited, employed in brothels, hotels and domestic work. Many run away and find a life on the streets.
 
India has the highest number of child labourers in the world. Lack of awareness about the basic rights of a child has lead to easy violation of laws meant to protect and empower children. In homes, on the streets and in sweatshops, children are being exploited by the thousands.
 
CRY believes that in India child labour is largely the outcome of social inequality. The numbers are alarming because child rights have not been understood or taken seriously. And most importantly, children cannot fight back. Rather than symptomatic relief, what is required and what is the thrust of CRY's agenda is to address the socio-economic factors that make for this vulnerability. A transformation is possible through empowerment by ensuring good quality education for all children without discrimination. This, CRY believes is possible when citizens hold the state accountable for ensuring child rights and pressurize them into action.

For more information please contact -

Ms. Sumita Mehta - Ph: 11-24627033 email - sumita.mehta@crymail.org

Ms. Madhura Kapdi - Ph: 22 - 23010445 email - madhura.kapdi@crymail.org