theoryofabrogation

Child Labour

Child labour

Though it is believed that Children are the incarnation of God the reality seems to be different. In today’s world, one can easily observe the exploitation of Children anywhere.

Child labour is the term used to describe the involvement of Children in any type of economic job that can even ruin their happy Childhood and hamper their education, learning and skill development.

Child labour exposes Children to harsh exploitation, trapping them in a cycle of poverty, illiteracy and deprivation. It snatches all the opportunities for a Child to be successful.

It may also force him to use unethical and unlawful methods. In our daily life, there are innumerable instances of Child labour that we may see. Even many of us are encouraging this practice in one way or another.

The inevitable reason behind this is poverty. A Child is forced to work to earn decent wages to survive due to poor living conditions.

As the Children‘s needs and wants are not as much as compared to an adult and because of their naivety, businessmen and factory-owners can simply hire them as a labourer at very low wages.

History

It is not a brand-new concept. Its origin dates back to ancient times, as the exploitation of Children as slaves was also recorded in the Arthashastra of Kautilya.

Children used to work in fields in rural and agricultural areas to help and support their families by sharing the family burden.

This phenomenon was suddenly sparked by the industrial revolution in the 18th century which resulted in the employment of many Children in economic and productive jobs.

Causes of Child labour

Following are the main causes of Child labour:-

Poverty- Child labour

is primarily caused by poverty. It forces innocent Children to participate in such economic activities where they must work to support their families and ensure their survival.

A Child gets caught in poverty’s vicious cycle along with other factors like illiteracy.

Lack of Education

Another significant factor contributing to Child labour is illiteracy. Many Children are denied access to their basic education despite having a fundamental right to it under 21A of the Indian constitution.

In many villages, parents choose to have their kids working in the field rather than sending them to school which makes it difficult for them to learn fundamental concepts and develop their skills.

As a result, they are unable to find better employment opportunities in the future.

Lack of general awareness 

While being employed, Children are unable to explore their world. They lose their joyful Childhood.

Generally, Children who live in rural or backward areas are unaware of their rights i.e. right to education, etc. and start to earn from an early age instead of studying and learning.

Uneducated parents are also unaware of welfare schemes initiated by the government for the welfare of Children.

Social Backwardness

Socially and economically backward families are unable to send their children to schools. The cost of their Children’s education is beyond their means. Consequently, Children remain trapped in this cycle.

Preference for cheap labour

Due to their innocence and lack of fantasies, Children readily agree to work for extremely meagre wages. Greedy employers, shopkeepers, business owners, etc. employ Children because they have to pay less. In search of cheap labour, they prefer to employ more Children.

Non-compliance of laws

Children have several rights under the law, such as the right to education and the government is also required to frame its policies to ensure that its citizens’ health and education come first.

Several laws are also created to outlaw certain practices, but their enforcement fails to accomplish the intended results due to poor compliance.

Family Tradition

The sad bitter truth is that some families pass on Child labour as a tradition or habit, which is influenced by cultural and traditional family norms.

many families believed that a good life was not their destiny and the tradition of labour was the only means of their subsistence.

They also think that this will make their children more responsible and wiser in the future. Small business owners also destroy the lives of their Children in their shield to continue their family business with lower production costs.

Additional reasons for Child labour

People frequently migrate from place to place in search of better jobs and other necessities. They have no option of sending their kids to school rather they prefer them to work to earn some living.

Constitutional provisions regarding the welfare of Children

Six essential fundamental rights are guaranteed by our Indian constitution which is enshrined in Part III also referred to as the “Magna Carta of Indian Constitution”.

The right against exploitation (Art. 23 & 24) is one of these rights. According to Article 24 of the Indian 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.

Earlier it was only directive principles for the state to design its policies and programmes in such a way that Children‘s health and education received enough attention and sufficient priority under Articles 39 & 45 respectively.

Later on, a new Article i.e. Article 21A(Right to Education) was inserted by the 86th Constitutional Amendment Act, 2002 which made it a fundamental right in itself along with being one of the DPSPs.

Article 21A reads that the State shall provide free and compulsory education to all Children of the age of six to fourteen years.

Legislative Provisions for the Prohibition of Child labour

Since the country’s independence, the government has taken several actions to stop the practice of Child labour.

The Gurupadswamy committee was appointed in 1979 by the central government to submit its report regarding the causes of Child labour and essential ways to eliminate it.

The committee found that the main reason behind Child labour was poverty. Based on its findings and reports, the central government enacted the Child Labour (Prohibition and Regulation) Act,1986 which prohibited the engagement of Children up to fourteen years of age in hazardous occupations and processes.

Following the passage of the Child Labour (Prohibition and Regulation) Amendment Act,2016, any employment of Children under the age of fourteen years in all occupations and processes was forbidden in compliance with Article 23 of the Indian Constitution.

The current scenario in India

After 75 years of independence, the roots of Child labour still exist in India. It couldn’t be ended entirely. According to census 2011 data, there were 10.1 million Children engaged in economically productive activities, including 5.6 million boys and 4.5 million girls.

How to eliminate Child labour  

Following are some essential methods which are useful in eliminating the practice of Child labour:-

  • By spreading awareness-

If the parents are aware and vigilant regarding the consequences of Child labour, disruption in Children‘s education can be avoided. Communities with awareness are considerably more able to understand and address concerns affecting Children.

  • By providing adequate education-

India has one of the greatest educational systems in the world, yet due to a lack of resources, it has a low literacy rate.

Children should finish their education first as it makes them able to grab better employment in the future which will enhance their living conditions along with that of their upcoming generation.

They should also develop their additional skills as it will help them to find better work opportunities.

  • Be a responsible and vigilant citizen

Being a responsible citizen, we must be cautious while eating at restaurants or shopping in markets. We should immediately inform Childline 1098 regarding the Children working there.

  • Need more legislation and Strict implementation-

As we all know various legislations have been passed by the government since independence but due to poor compliance with such laws, the practice of Child labour couldn’t be eliminated.

So it is an urgent need of time to enact more stringent laws and such laws must be strictly implemented to create a binding force over society.

For this purpose, we need an appropriate government so while voting we must recall that our representative should take necessary steps towards this problem.

  • By supporting the NGOs and other campaigns-

We should support the initiatives and other campaigns which focus on these social problems. We can support them by providing donations. The NGOs frame their report and their findings are very useful to understand the root causes of Child labour.

Conclusion

Child labour is such a destructive issue that it can utterly ruin Children‘s lives by trapping them in the cycle of exploitation, illiteracy and poverty.

Child labour is expensive because it robs kids of their happy Childhoods. It is a major problem that needs to be eradicated from the country.

Focusing on a single factor, such as education, or enforcing Child work rules and regulations would not end Child labour.

Along with the government, we all have a responsibility to contribute to the process of nation-building.

It is not just the responsibility of the government to put barriers, we should become responsible citizens. The most valuable resource of a nation is its Youth and Children.

Written By

Abhijeet Arya (Rishabh)

Criminal Law, Human Rights, Indian Constitution Tags:, , , , , , , ,

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