United Nations crc/C/ind/3-4

Figure 8.2
Percentage of child labour in States and UTs

Source: Census 2001.

74. 
    The classification of occupations in the Census data is not directly comparable with the occupations listed as hazardous under the Child Labour (Prohibition and Regulation) Act, 1986; however, tentative segregation into hazardous and non-hazardous occupations has been undertaken for a broad estimation of children working in different occupations.¹
    
75. 
    Compared to the Census 2001 data, the 61st round of National Sample Survey Organisation (NSSO) data, 2004-05, reported that there were 9.07 million working persons of 5-14 age group. While the Census is conducted during the beginning of every decade, the NSSO collects data twice in each decade. The 61st round of NSSO data (2004-05) shows Source: Census 2001. a declining trend in the magnitude of child labour, compared to previous round (10.13 million in the 55nd round, 1999-00).² The NSSO will be conducting a survey on child labour in its 66th round.³
    
76. 
    According to the National Family Health Survey-3 (NFHS-3), nearly one in every eight (12%) children aged 5-14 years worked either for their own household or for somebody else.⁴ The Survey also revealed that the percentage of children aged 5-14 years, who worked in the seven days preceding the Survey, varied from 5% or less in Chhattisgarh, Himachal Pradesh, Mizoram, Goa and Kerala, to 20% in Rajasthan and Arunachal Pradesh, and 32% in Gujarat. One in five children in Gujarat is engaged in unpaid work for a non-household member, whereas in Rajasthan and Arunachal Pradesh, a larger proportion of working children are engaged in family work.⁵
    
77. 
    The issue of bonded child labour has been a subject of concern for Government. As a result of concerted efforts made through various anti-poverty programmes, awareness and sensitisation campaigns etc, the incidence of bonded labour in several States has witnessed a downward trend.⁶ (See Annexure 8C.1.1 for details on incidence of bonded labour.)
    

8C.1.2 Policy and Legislation

78. 
    The NPAC, 2005, speaks of moving progressively towards the complete eradication of child labour.
    
79. 
    The National Policy on Urban Street Vendors, 2004, is being revised by the Ministry of Housing and Urban Poverty Alleviation to prevent vending by minor children, in conformity with the Child Labour (Prohibition and Regulation) Act, 1986.
    
80. 
    The Ministry of Labour and Employment (MoL&E) issued notices in 2006 and 2008, expanding the list of banned processes and occupations. (See Section 1.4.2 for details and Annexure 8C1.2 for details on processes and occupations banned under the Child Labour (Prohibition and Regulation) Act, 1986.)
    
81. 
    The MoL&E issued a Protocol on Prevention, Rescue, Repatriation and Rehabilitation of Migrant and Trafficked Children for Labour for implementation by various stakeholders.⁷
    
82. 
    The NCPCR submitted a Policy Document on Abolition of Child Labour and Making Education a Reality for Every Child, along with the recommendations for amending the Child Labour (Prohibition and Regulation) Act, 1986 to the Ministry of Women and Child Development, Ministry of Labour and Employment, Ministry of Human Resource Development (MHRD), Ministry of Social Justice and Empowerment and Ministry of Law and Justice.⁸
    
83. 
    The Child Labour (Prohibition and Regulation) Act, 1986, prohibits employment of children up to 14 years. The JJ (Amendment) Act, 2006, has been enacted to provide care, protection, development and rehabilitation to the neglected and delinquent children below 18 years. Section 2 (d) (ia) of the JJ (Amendment) Act, 2006, includes ‘working children’ within the definition of a ‘child in need of care and protection’. To address the difference in the definition of child in the two Acts, the MWCD has been taking initiatives to raise the age of children under the Child Labour (Prohibition and Regulation) Act, 1986 and bring it in conformity with the JJ Act, 2000. The NCPCR has also given recommendation for raising the age of children under the Child Labour (Prohibition and Regulation) Act, 1986.
    
84. 
    Section 26 of the JJ Act, 2000, holds a person liable for imprisonment for procuring and employing a child in any hazardous employment or using the child’s earning for his own purpose.
    
85. 
    As regards the ILO Convention No. 138 and 182, the Government accepts the spirit of the Convention but has not ratified these on account of minimum age for employment as 18 years. Given the existing socio-economic condition, it is difficult to prohibit employment of children in all walks of life; hence, the Government has kept 14 years as the age of employment in hazardous work.⁹ The Government of India has maintained that the time is not ripe enough to ratify these ILO Conventions, since ratification without implementation will not do justice to the letter and spirit of these Conventions.¹⁰
    

8C.1.3 Programmes

86. 
    The Government is implementing National Child Labour Project (NCLP) for the rehabilitation of child labour. Project societies at the District level are fully funded for opening up of special schools/rehabilitation centres for the rehabilitation of child labour. As on date, the NCLP is in operation in 271 Districts, with about 10,000 special schools with a sanctioned enrolment strength of over 0.5 million.¹¹ These special schools impart non-formal/formal education, vocational training, etc. to children withdrawn from employment, so as to prepare them to join mainstream education system.¹²
    
87. 
    In addition, the Government has implemented projects supported by UN agencies and ILO for elimination of child labour. INDUS Project, jointly funded by the Government of India and the US, was implemented in 21 Districts of Uttar Pradesh, Madhya Pradesh, Tamil Nadu, Maharashtra and Delhi. This Project, with additional features of vocational training programme for adolescents, convergence with Education Department, etc. over the NCLP, concluded on March 31, 2009. In addition, the MoL&E, along with ILO, implemented two more child labour projects, one in the State of Karnataka, funded by the Government of Italy and another one in Andhra Pradesh, funded by Department for International Development (DFID). The Project in Andhra Pradesh concluded on September 31, 2009. Evaluations of NCLP and INDUS Project have been conducted by National Labour Institute and ILO respectively and the final reports are awaited.¹³ Another project on convergence with funding from the Department of Labour, Government of USA, has been approved in 10 Districts in five States on a pilot basis. UNICEF, in cooperation with the MoL&E, MWCD and MHRD has also started a programme, specifically for promoting educational rights of children in 13 Districts in the ‘cotton areas’ of Gujarat, Rajasthan, Maharashtra and Tamil Nadu.¹⁴
    
88. 
    The Grant-in-Aid Scheme of the MoL&E provides financial assistance to NGOs for elimination of child labour in Districts not covered by NCLP. Under the Scheme, voluntary agencies are given financial assistance on the recommendation of the State Government to the extent of 75% of the project cost for the rehabilitation of working children.
    
89. 
    The Scheme for Welfare of Working Children in Need of Care and Protection being implemented by the MWCD since 2004-05, lends support to projects in urban areas not covered by existing schemes of the MoL&E. It provides support for the wholesome development of child workers and potential child workers, especially those with none or ineffective family support, such as children of slum/pavement dwellers/drug addicts, children living on railway platforms/along railway lines, children working in shops, dhabas, mechanic shops etc, children engaged as domestic workers, children whose parents are in jail, etc. The components of the Scheme are: (a) facilitating introduction to/return to the mainstream education system, as children at study are not children at work; (b) counselling of parents, heads of families and relatives of the targeted children so as to prevent their exploitation; and (c) giving vocational training wherever necessary. NGOs are eligible for financial assistance and can set up composite centres under this scheme. The Ministry provides 90% financial assistance, and the concerned organisation has to bear 10% expenditure of the project as per the norms of the Scheme.
    
90. 
    Childline addresses the needs of vulnerable children, including children living alone on urban streets and child labourers, especially in the unorganised sector. Over the last three years Childline has sharpened its focus on the issue of child labour. The learning has been that mere rescue and rehabilitation of children without prosecution of traffickers and employers of child labourers renders interventions incomplete. Positive court judgements serve as powerful advocacy tools for effecting policy change and eliciting action from Government systems. In accordance with this, Childline has initiated legal intervention programmes in West Bengal, Orissa and Delhi. Currently, Childline has one case in appeal in the Supreme Court, one intervention appeal in Supreme Court, three writ petitions in Orissa High Court and one Public Interest Litigation (PIL) in Kolkata High Court.¹⁵ The Childline will be extended to the entire country under the ICPS.
    
91. 
    Efforts to eliminate child labour are strengthened by linking them with Sarva Shiksha Abhiyan (SSA) of the MHRD. As part of this, child workers in the 5-8 age group are being directly mainstreamed through formal schools. The Alternative and Innovative Education (AIE) component provides education to older age group (11-14 years) and covers children in difficult circumstances, including working children. To address the issue of seasonal migration, SSA encourages identification of Districts, blocks and villages with high incidence of migration, and focuses on bringing such children to regular schools. It also explores alternatives such as seasonal hostels, worksite schools, residential and non-residential bridge courses, etc.¹⁶
    
92. 
    The NCPCR submitted an Action Plan for Abolition of Child Labour in Delhi, which has been accepted by the High Court of Delhi with some modifications vide its Order dated July 15, 2009, in the case Save the Childhood Foundation vs. Government of National Capital Territory of Delhi & Ors¹⁷. The relevant departments/authorities of Government of Delhi, Municipal Corporation of Delhi, Delhi Police and the concerned State Governments have been directed to implement this Action Plan.
    

8C.1.4 Coordination

93. 
    The Government is following a multi-pronged strategy to tackle the problem of child labour. Educational rehabilitation of these children has to be supplemented with economic rehabilitation of their families so that economic circumstances do not compel the families to send their children to work.
    
94. 
    The Ministry of Labour and Employment is taking proactive measures towards convergence between the schemes of different Ministries, such as Ministry of Human Resource Development, Ministry of Women and Child Development, Ministry of Housing and Urban Poverty Alleviation (MoHUPA), Ministry of Rural Development (MoRD), Ministry of Panchayati Raj (MoPR), etc., so that child labour and their families get covered under the benefits of the schemes of these Ministries also. The MoL&E has formed a Working Group on convergence-based models, with representatives from Ministries, State Governments, ILO, etc. Ten Districts in five States — Delhi, Bihar, Orissa, Madhya Pradesh and Gujarat — have been identified for implementation of the convergence-based models as a pilot, which would later be replicated in other Districts.¹⁸
    
95. 
    The MoL&E and MWCD have been partnering with civil society towards elimination of child labour. Most of the special schools run under the NCLP are being run by NGOs. Under the Grant-in-Aid Scheme, more than 100 NGOs are running special schools for children withdrawn from work. Moreover, the Central Advisory Board on Child Labour consists of members representing employers, employees, NGOs and other experts in this field. NGOs were also involved in developing the Protocol for the Rescue, Repatriation and Rehabilitation of the Migrant Child Labour.
    

8C.1.5 Monitoring

96. 
    Under the Child Labour (Prohibition and Regulation) Act, 1986, between 1997-98 and 2005-06, about 0.26 million inspections were carried out, around 0.61 million violations were detected, 67,691 prosecutions launched and 25,588 convictions obtained. These enforcement measures have also created awareness among employers against employment of children in their respective units.¹⁹
    
97. 
    The Union and State Government officials inspect the various activities of the special schools under the NCLP/INDUS Project from time to time.
    
98. 
    There has been significant improvement in inspections conducted, violations detected and prosecutions launched between the period 2001-02 and 2006-07. (See Annexure 8C.1.3 for details on inspections conducted, violations detected, prosecutions launched, convictions and acquittals under the Child Labour (Prohibition and Regulation) Act, 1986.)
    
99. 
    Monitoring mechanism on implementation of the provisions of the Act and other child labour-related policies exist in the form of the Central Monitoring Committee (CMC) on Child Labour, which has State Labour Secretaries as members and representatives of ILO as special invitees.²⁰ The CMC, under the chairpersonship of the Union Secretary for Labour, meets from time to time to assess the enforcement of the Act, and also implementation of NCLP in the country. After analysing the position of implementation of the policies and programmes, the CMC has given some recommendations to the State Governments, which are currently being examined.²¹
    
100. 
     The MoL&E set up a Working Group on Tracking and Monitoring of Child Labour to recommend an appropriate tracking and monitoring system for child labour under NCLP. Important recommendations of the Working Group include:²²
     

(i) Developing a model Child Profile Card.

(ii) Tracking of 9-14-year-old children by instructors/teachers of the special schools and for children in the age group of 5-8 years by Education Departments.

(iii) Initiating tracking of children from the time of their enrolment in special schools till two years after their mainstreaming.

(iv) Quarterly updating of data.

(v) Ensuring accuracy and reliability of data, and validation of child-wise tracking information by Panchayati Raj Institutions (PRIs).

(vi) Allocation of additional funds to each NCLP District for purchase of computers and re-training of officials accordingly.

(vii) Using the system for project management.

101. 
     The monitoring of the Child Labour (Prohibition and Regulation) Act, 1986, is also done at the highest level. The Supreme Court of India has issued various directions from time to time for elimination of child labour. The MoL&E monitors the implementation of these directions on the basis of information received from the States/UTs.²³
     
102. 
     The NCPCR monitors enforcement of child rights, and also monitors effective implementation of laws and programmes related to children. (See Section 1.1 for details.) The Commission has taken various initiatives to check child labour, which includes issuing guidelines, conducting studies, public hearings, etc. The Commission has asked the State Governments to take immediate steps to check child labour and rehabilitate rescued children, and to evolve a code of conduct for employees of all public sector institutions, Government undertakings, Government-funded institutions and Government offices for not engaging children as domestic workers or encouraging child labour in any form at their workplaces. In a communication sent to the Chief Secretaries of the States and copies to the District Collectors, the Chairperson of NCPCR has urged the States to take strict action against employers of children and issue strict warning to all the potential employers.
     
103. 
     The NCPCR has written to the chief secretaries of all the States in June 2008, asking them to set up a Task Force to track child labour. The NCPCR has asked District authorities to put in place a system of ‘social audit’ through a Task Force to ensure that children are not employed in the processes and occupations listed in the Child Labour (Prohibition and Regulation) Act, 1986, to strengthen the enforcement of law.²⁴
     
104. 
     The Commission has taken initiative to work for children, who are migrant child labour and victims of trafficking in Rajasthan, Gujarat and Andhra Pradesh. It has made specific recommendations for the removal/abolition of child labour working in BT Cotton seeds in Kurnool and Mehboobnagar in Andhra Pradesh, and Banaskantha, Sabarkantha and Mehsana in Gujarat from Dungarpur in Rajasthan.²⁵
     
105. 
     The NCPCR has also urged the Export Promotion Councils to monitor prevention of child labour in their manufacturing units in the same manner, as it monitors quality of manufactured goods. In a letter written in June 2008 to the chairpersons of all the 22 Export Councils under the Department of Commerce and the MoL&E, NCPCR has recommended formulation of self-regulatory mechanisms to ensure abolition of child labour in manufacture on the lines adopted by some leading international carpet and garment exporters.²⁶
     
106. 
     The NHRC observes that children in the age group of 6-14 years should be in schools and should not be working for livelihood and that there should be stricter enforcement of protective provisions of law. The Commission regularly monitors the measures towards elimination of practice of child labour and bonded labour in hazardous work through its Special Rapporteurs and issues directions for compensation as well as penal action. The Commission has been making State-wise status reviews on this issue since 2000. During 2005-2006, two reviews were carried out for the State of Uttar Pradesh, focusing on the Districts of carpet-weaving belt. During 2006-2007, it focused attention on the States of Andhra Pradesh, Tamil Nadu, Haryana, Orissa, Madhya Pradesh and Rajasthan, while in 2007-2008, it made visits to the States of Karnataka, Orissa, Jharkhand, Punjab and Chhattisgarh to review the situation and put an end to the problem of child labour.²⁷
     
107. 
     In West Bengal, three inspection teams were sent on the day the MoL&E issued a circular on prohibition of child labour in the domestic sector and hospitality industry. In the course of inspection, 15 cases of child labour were detected and show-cause notices issued to employers.
     

8C.1.6 Awareness Generation

108. 
     Addressing child labour is a concern for Government of India. Advertisements at regular intervals are released by the MoL&E in order to generate awareness about evils of child labour. A nation-wide enforcement and awareness drive was launched for a fortnight from November 14, 2007. During this period, advertisements were released in various national and regional dailies, and television spots were telecast on various channels to create awareness on child labour. The State Governments are also provided funds for creating public awareness. Besides, the Government of India provides funds under NCLP to the Districts for awareness generation.²⁸ Regional workshops on migration of children were held by MoL&E in 2007 to deliberate upon the problems faced by States.
     
109. 
     The NCPCR has been conducting national consultations on the right to education and abolition of child labour. It has also held public hearings in the States of Jharkhand, Bihar, Gujarat, Rajasthan, Assam, Tripura, Chhattisgarh and Madhya Pradesh. The issues discussed in the meetings are being taken up with State Governments.
     
110. 
     The NCPCR, in collaboration with ILO and UNICEF, organised a conference on June 12, 2008 (the Elimination of Child Labour Day), to reiterate that education is the right of every child and to emphasise that access to education is the only strategy to address the problem of child labour.
     
111. 
     Some of the State experiences reveal that better enforcement and awareness generation has shown good results. For example, the Chief Minister of Himachal Pradesh issued directions to top officials of the Departments of Labour, Women and Child Development, Education, etc, to implement the Child Labour (Prohibition and Regulation) Act, 1986, in letter and spirit. As a result, the number of inspections conducted increased from 1,096 in 2004-05 to 2,301 in 2006-07. In Kerala, which is presently a child-labour-free State, 7,867 inspections were conducted between 2004 and 2008, 18 children identified, 11 sent back to their families, three placed in shelter homes and four mainstreamed in regular schools. The Government of Maharashtra set up a Task Force on Child Labour in every District of the State to spread awareness on the issue and effectively monitor implementation of the Act. To create awareness, the matter was widely publicised in Bihar, where children took centre-stage at an awareness campaign against child labour, forming human chains and taking pledges after morning school prayers. The number of prosecutions filed in the State between the periods 2004-05 to 2006-07 increased from 274 to 301. Bihar is the only State which has set up an independent Commission on Child Labour.
     
112. 
     The Bihar Government’s scheme of appointing community education volunteers has shown positive results in improving children’s participation and retention in schools. Under the scheme, apart from engaging the child in positive activities after school hours, the child is prevented from being engaged in work.²⁹
     
113. 
     The State of Orissa has come out with innovative awareness strategies, such as involving PRIs for spreading awareness at the grassroots level, placing stickers against child labour on all commercial vehicles in the State, telephone voice warning on child labour through various service providers, such as Bharat Sanchar Nigam Limited (BSNL), AIRCEL, AIRTEL, Reliance, TATA Indicom telephones, etc.³⁰
     
114. 
     Nehru Yuva Kendra Sangathan (NYKS), an autonomous body of the Ministry of Youth Affairs and Sports (MoYAS) along with Save the Children, undertook ‘Youth for Combating Child Domestic Work’ project in 58 Districts of four States of Bihar, Madhya Pradesh, Chhattisgarh and Orissa in 2004-05. The objectives of the project included sensitising the community about the hazards associated with child migration; generating awareness on child domestic work as exploitative; and educating the communities about the violation of child rights and the entitlements for such children under various development programmes.³¹
     

8C.1.7 Capacity Building

115. 
     V.V. Giri National Labour Institute is the nodal agency of the MoL&E for conducting training programmes for labour enforcement officers, labour inspectors, trade union leaders, members of employers’ organisations and NGOs through financial assistance from the regional office of the ILO, New Delhi. The training programmes conducted during the periods 2004-05 and 2005-06 focussed mostly on NCLP. A few training programmes were conducted for sensitising teachers of special schools under NCLP. During 2006-07 and 2007-08, the focus of training was on the officials of the Social Welfare Department, staff and teachers of NCLP, members of employers’ organisations, and trade union leaders. These training programmes have been extremely effective in sensitising stakeholders on child labour and have resulted in greater awareness on the related legislative and policy aspects.³² The Central Board of Workers Education also provides training to enforcement officials, NGOs and persons connected with NCLP.
     
116. 
     The V.V. Giri National Labour Institute also held a workshop to sensitise the officials of various State Governments on implementation of Protocol on prevention, rescue, repatriation and rehabilitation of migrant and trafficked children for labour.³³
     
117. 
     The Ministry of Women and Child Development, in collaboration with the Ministry of Home Affairs (MHA) and UNODC, conducted intensive training of law enforcement officers, including police and prosecutors, on human trafficking, which included comprehensive information on the issue of child labour. (See Section 8C.5.9 for details.)
     
118. 
     Specialised training on international strategies to tackle issue of migrant and trafficked child labour was organised by ILO at its International Training Centre at Turian, Italy from January 28 to February 1, 2008.³⁴ Representatives from MoL&E, MWCD, MHRD, V.V. Giri National Labour Institute, NHRC, etc. participated in this training.
     

8C.1.8 Resources

119. 
     The year-wise break up of allocation and expenditure under the NCLP and INDUS Project of MoL&E and the Scheme for Welfare of Working Children of MWCD during 2002-08 shows a significant increase, as depicted in Table 8.2.
     

8C.1.9 Challenges

120. 
     The Government of India is implementing several programmes such as NCLP, Scheme for Welfare of Working Children in Need of Care and Protection, Childline and projects in collaboration with UN agencies. The MoL&E has undertaken steps for eliminating child labour through effective implementation of NCLP and convergence with SSA programme. The Government is now focusing on implementing the Right of Children to Free and Compulsory Education Act, 2009, under which it is the duty of every parent to admit his or her child to elementary education in neighbourhood school.
     
121. 
     The NCPCR has taken initiative to address the issue of child labour and bring out-of-school children into the fold of education. It has held consultations and public hearings on the right to education and abolition of child labour.
     
122. 
     The Government of India remains committed to eliminating child labour in the country and is focusing on the following priority issues:
     

• 
  Withdrawal of children working in the informal/unorganised sector.
  
• 
  Provision of alternative rehabilitative options for children withdrawn from work and economic rehabilitation of their families.
  
• 
  Enhancing resources for rehabilitation and setting up of minimum standards for rescue and rehabilitation.
  
• 
  Sensitising law enforcement agencies and generating awareness among people.
  
• 
  Strict enforcement of provisions of child labour law, and prosecution and conviction of offenders.
  
• 
  Strengthening inter-ministerial convergence on elimination of child labour.