CHILD LABOR
RAJA SAFWAN AIZUDDIN BIN RAJA OMAR
MOHD SYAHIRR BIN KAMARUDIN
The term Child Labor is used for employment of children below a certain age,
which is considered illegal by law and custom. The stipulated age varies from
country to country and government to government. Child labor is a world
phenomenon which is considered exploitative and inhuman by many
international organizations.
Child Labor began to be considered a human rights issue and became an issue of
public dispute, when the foundation of universal schooling was laid. Historically
the transformation came with the industrial revolution and the emergence of
concepts like children’s rights and worker’s right’s. Child labor is widely prevalent
in some form or the other, all over the world. The term is used for domestic
work, factory work, agriculture, mining, quarrying, having own work or business’
like selling food etc, helping parent’s business and doing odd jobs.
INTRODUCTION
In some industries children are forced to do repetitive and tedious work like
weaving carpets, assembling boxes, polishing shoes, cleaning and arranging
a shops goods. It is seen that children are found working more in the
informal sectors compared to factories and commercial registered
organizations. Little children are often seen selling in the streets or working
quietly on domestic chores within the high walls of homes – hidden away
from the eyes of the media and labor inspectors.
According to the statistics given by International Labor Organization there
are about 218 million children between the age of 5 and 17 working all over
the world. The figure excludes domestic labor. The most condemned form of
child labor is the use of children for military purpose and child prostitution.
The fact that vulnerable children are being exploited and forced into work,
which is not fit for their age, is a human rights concern now. India and other
developed and developing countries are really plagued by the problem of
child employment in organized and unorganized sectors.
Child labor is done by any working child who is under the age specified by law. The word,
“work” means full time commercial work to sustain self or add to the family income. Child
labor is a hazard to a Child’s mental, physical, social, educational, emotional and spiritual
development. Broadly any child who is employed in activities to feed self and family is being
subjected to “child labor’.
It is obligatory for all countries to set a minimum age for employment according to the rules
of ILO written in Convention 138(C.138). The stipulated age for employment should not be
below the age for finishing compulsory schooling, that is not below the age of 15.
Developing countries are allowed to set the minimum age at 14 years in accordance with
their socio- economic circumstances.
C-138 has also made provisions for flexibility for certain countries, setting the minimum age
of 12 and 13 for their children - but only for partaking in light work. Light work can be
defined as children’s participation in only those economic activities which do not damage
their health and development or interfere with their education.
WHAT IS CHILD LABOR
The Industrial revolution had ushered in the horrendous practice of employing
children of 4 and 5 years in factories in environmental conditions, which were risky for
their health and well being, often proving fatal. Developed countries have reacted
sharply to this historical fact by equating “child labor” with human right violation.
However poor countries are more accepting about child labor as a living necessity.
It has been seen that children who are street sellers, street entertainers, rag pickers,
child prostitutes or pornography models, beggers etc - are mostly without natural
guardians and exploited by underground gangsters and racketeers. These children are
mostly children of illegal migrants. They are the victim of abandonment, riots, wars or
just sheer poverty and homelessness. In poor countries some children are helping
hands for their parents or are employed in factories, commercial organizations or
households with the consent of the parents. The most appalling form of child labor is
prostitution and modeling for child pornography. Some children are even sold to fiefs
by their parents for money.
Child labor is a very complicated development issue, effecting human society all over
the world. It is a matter of grave concern that children are not receiving the education
and leisure which is important for their growing years, because they are sucked into
commercial and laborious activities which is meant for people beyond their years.
According to the statistics given by ILO and other official agencies 73 million children
between 10 to 14 years of age re employed in economic activities all over the world.
Child labor is most rampant in Asia with 44.6 million or 13% percent of its children
doing commercial work followed by Africa at 23.6 million or 26.3% which is the highest
rate and Latin America at 5.1 million that is 9.8%.
Child labour is also prevalent in rich and industrialized countries, although less
compared to poor nations. For example there are a large of children working for pay at
home, in seasonal cycles, for street trade and small workshops in Southern Europe.
India is a glaring example of a nation hounded by the evil of child labor. It is estimated
that there are 60 to 115 million working children in India- which was the highest in
1996 according to human rights watch.
CHILD LABOR TODAY
The problems coming from a centrally planned to market economy has led to the creation of
many child workers in central and eastern Europe. Same is the case in America. The growth
of the service sector, increasing provision of part time jobs and the need for flexible work
force has given birth to a big market for child workers here.
Historically the working force of child workers is more in rural areas compared to urban
settings. Nine out of ten village children are employed in agriculture or household industries
and craftwork. In towns and cities children are more absorbed in service and trading sectors
rather that marketing. This is due to the rapid urbanization of the modern world.
Survey done by experimental statisticians of ILO in India, Indonesia and Senegal have
revealed that child labor under the age of fourteen takes place in family enterprises mostly,
with the exception of Latin America. Child labor is also found to be gender specific, with
more boys than girls employed in laborious activities. But this is also because it is difficult to
take a count of girls working in households.
Child labor in India is a human right issue for the whole world. It is a serious and
extensive problem, with many children under the age of fourteen working in
carpet making factories, glass blowing units and making fireworks with bare little
hands. According to the statistics given by Indian government there are 20 million
child laborers in the country, while other agencies claim that it is 50 million.
The situation of child laborers in India is desperate. Children work for eight hours
at a stretch with only a small break for meals. The meals are also frugal and the
children are ill nourished. Most of the migrant children who cannot go home,
sleep at their work place, which is very bad for their health and development.
Seventy five percent of Indian population still resides in rural areas and are very
poor. Children in rural families who are ailing with poverty perceive their children
as an income generating resource to supplement the family income.
CHILD LABOR IN INDIA
The Indian government has tried to take some steps to alleviate the problem of
child labor in recent years by invoking a law that makes the employment of
children below 14 illegal, except in family owned enterprises. However this law is
rarely adhered to due to practical difficulties.
Child labor is a conspicuous problem in India. Its prevalence is evident in the child
work participation rate, which is more than that of other developing countries.
Poverty is the reason for child labor in India. The meager income of child laborers
is also absorbed by their families. The paucity of organized banking in the rural
areas creates a void in taking facilities, forcing poor families to push their children
in harsh labor, the harshest being bonded labor.
Absence of compulsory education at the primary level, parental ignorance regarding the
bad effects of child labor, the ineffectively of child labor laws in terms of implementation,
non availability and non accessibility of schools, boring and unpractical school curriculum
and cheap child labor are some other factors which encourages the phenomenon of child
labor. It is also very difficult for immature minds and undeveloped bodies to understand
and organize them selves against exploitation in the absence of adult guidance.
Poverty and over population have been identified as the two main causes of child labor.
Parents are forced to send little children into hazardous jobs for reasons of survival, even
when they know it is wrong. Monetary constraints and the need for food, shelter and
clothing drives their children in the trap of premature labor. Over population in some
regions creates paucity of resources. When there are limited means and more mouths to
feed children are driven to commercial activities and not provided for their development
needs. This is the case in most Asian and African countries.
CAUSES OF CHILD LABOR
Illiterateand ignorant parents do not understand the need for wholesome proper
physical, cognitive and emotional development of their child. They are themselves
uneducated and unexposed, so they don’t realize the importance of education for
their children.
Adult unemployment and urbanization also causes child labor. Adults
often find it difficult to find jobs because factory owners find it more
beneficial to employ children at cheap rates. This exploitation is
particularly visible in garment factories of urban areas. Adult exploitation
of children is also seen in many places. Elders relax at home and live on
the labor of poor helpless children.
The industrial revolution has also had a negative effect by giving rise to
circumstances which encourages child labor. Sometimes multinationals
prefer to employ child workers in the developing countries. This is so
because they can be recruited for less pay, more work can be extracted
from them and there is no union problem with them. This attitude also
makes it difficult for adults to find jobs in factories, forcing them to drive
their little ones to work to keep the fire burning their homes.
The incidence of child labor would diminish
considerably even in the face of poverty, if there are
no parties willing to exploits them. Strict
implementation of child labor laws and practical and
healthy alternatives to replace this evil can go a long
way to solve the problem of child labor. Children who
are born out of wedlock, orphaned or abandoned are
especially vulnerable to exploitation. They are forced
to work for survival when there are no adults and
relatives to support them. Livelihood considerations
can also drive a child into the dirtiest forms of child
labor like child prostitution and organized begging.
The existing law and codes of conduct regarding child labor are
blatantly violated by the beneficiaries and the victims of this
terrible practice all over the developing world. There are
ambiguities in the export and manufacturing sector, which
means multiple layers of outsourcing and production.
There are many loop holes in this law in terms of affectivity.
First is that it does not make child labor completely illegal and
does not meet the guidelines set by ILO concerning the
minimum age for employment, which is fifteen years. Moreover
the policies which are set to reduce incidences of child labor are
difficult to implement and enforce. The government and other
agencies responsible for the enforcement of these laws are not
doing their job.
CHILD LABOR LAW
Moreover certain sectors like agriculture and domestic work
are not included in the exemption of child labor. In some
countries very strict child labor laws exist but the offices
and departments responsible for implementing them are
under funded and under staffed. The judicial machinery and
courts are also found to be faltering and falting where
proper enforcement of such laws is concerned.
There are also many loop holes while setting laws and rules
for child labor which allows exploitation. For example in
Nepal, the minimum age for a person to go for work is 14
years, but plantation of brick clines is exempted from this.
Kenya prohibits children under 16 from going to work in
industries but excludes agriculture. Bangladesh also
specifies a minimum age to go to work, but excludes
agriculture and domestic work.
Indeed laws become unpractical and redundant in the face
of necessity. Poor children and their family members
depend so much on little ones to provide the basic
necessities of life in the impoverished areas that it becomes
impossible for them to adhere to any laws and regulations
regarding child labor. We must also remember, that about
one fifth of the world’s six billion humans live in absolute
poverty.
The most inhuman and onerous form of child exploitation
is the age old practice of bonded labor in India. In this,
the child is sold to the loaner like a commodity for a
certain period of time. His labor is treated like security or
collateral security and cunning rich men procure them for
small sums at exorbitant interest rates.
The children who are sold as bonded labor only get a
handful of coarse grain to keep them alive in return for
their labor. Sometimes their period of thrall extends for a
life time, and they have to simply toil hard and depend on
the mercy of their owners, without any hope of release or
redemption.
BONDED CHILD LABOR IN INDIA
The practice of bonded child labor is prevalent in many parts of rural India, but
is very conspicuously in the Vellore district of Tamil Nadu. Here the bonded
child is allowed to reside with his parents, if he presents himself for work at 8
a.m. every day. The practice of child bonded labor persists like a scourge to
humanity in spite of many laws against it. These laws although stringent and
providing for imprisonment and imposition of huge fines on those who are
found guilty are literally non- functional in terms of implementation.
Governments did take few directions on the right track initially, but most of
their efforts came to naught with time. Moreover the government efforts did
not reach high profile industries like bidi, cigarette making and carpet
weaving. According to Cousen Neff - an official of the Human Rights watch –
“Instead of living up to its promises, the Indian government is starting to
backtrack, claiming the problem is being solved. Our research shows that it is
not.”
Neff also identified a major link between caste and
bondage in Indian society. Dalit family’s functions as
bonded labor due to caste based discrimination and
violence and not poverty in many cases. The caste system
in India is one of the main foundations on which the edifice
of bonded labor rests. Dalits or the so called untouchable
are denied access to land in India, forced to work in
inhuman conditions, and expected to perform labor for
free.
This is due to the so called upper castes boycotting them
socially and subjecting them to economic exploitation. This
attitude of society keeps the poor families bonded in a
scourge of perpetual poverty and labor. It is now very
important for all International donors to put pressure on
the Indian government to enforce bonded labor and child
labor laws in the country.
SHRI V.V. Giri – the former president of India has arrived on two concepts
of child labor – first as a bad economic practice and second as an overt
social evil. In the first it is involvement of a child labor in profitable
activities to augment the family income. The second context, namely child
labor a social evil – is more complex in nature and extent. In order to
assess the nature of the evil, and gauge the extent of damage it becomes
necessary to understand the character of the job.
Technically the term ‘child labour’ is used for children occupied in
profitable activities, whether industrial or non industrial. It is especially
applicable for activities which are detrimental to their physical,
psychological, emotional, social and moral development needs. It has
been researched and proved that the brain of a child develops till the age
of ten, muscles till the age of seventeen and his lungs till the age of
fourteen.
To be more specific, any activity which acts as a hazard for the natural
growth and enhancement of these vital organs, can be considered harmful
for natural human growth and development and termed – ‘child labor’.
CHILD LABOR- REAL SITUATION
It has been observed in India and other countries, that the practice of
‘child labor’ is a socio- economic problem. Many appalling realities like
poverty, illiteracy, unemployment, low wages, ignorance, social
prejudices, regressive traditions, poor standard of living, backwardness,
superstition, low status of women have combined to give birth to the
terrible practice of child labor.
It has been observed and repeatedly stated in recent times that ‘child
labor’ does not remain a mere means of economic exploitation but has
become a necessity due to the economic needs of the parents and the
child himself. Professor Gangrade has iterated that child labor is also
caused by different factors like social traditions, family attitude, customs,
and dearth of schools or parental reluctance to send children to school,
industrialization, urbanization, migration etc.
The future of a community is in the well being of its children. The above
fact is beautifully expressed by Wordsworth in his famous lines “child is
father of the man”. So it becomes imperative for the health of a nation
to protect its children from premature labor which is hazardous to their
mental, physical, educational and spiritual development needs. It is
urgently required to save children from the murderous clutches of
social injustice and educational deprivation, and ensure that they are
given opportunities for healthy, normal and happy growth.
Projects related with human resource development, dedicated to the
child welfare issues must be given top priority by the central and state
governments to stop the menace of child labor. Child labor laws need to
be strictly implemented at the central and state levels. Corruption and
negligence in child labor offices and employee circles should be dealt
with very strictly by the judiciary and the police force.
STOP CHILD LABOR
The development needs of growing children can only be provided for, by
stopping the onerous practice of child labor in organized and non
organized sectors with utmost sincerity. This is the only way a nation can
train its children to be wholesome future citizens, who are happy and
prosperous. The provision of equal and proper opportunities for the
educational needs of growing children in accordance with constitutional
directives will go a long way in stopping the evil practice of child labor.
Children in India are not allowed to work in mines, factories and other
hazardous jobs already. Two more professions have been added in a list
of fifty seven occupations which were considered hazardous for a child’s
development needs in the ‘child labor act’ passed in 1986. Childs rights
activists are waxing eloquent in high pitched voices about the absolute
importance of stopping child labor. But legislation in this regard is just like
an intention. It is more important to take development measures to
ensure its practical application by eliminating the reasons of child labor
from our society. People should not be able to get away with employing
and exploiting children.
Q & A SESSION..
