Wednesday, August 26, 2015

CHILD LABOUR CONCLUSION AND SUGGESTION

CHAPTER V

CONCLUSION AND SUGGESTION

The Nation’s Children are assets of our nation. Their nurture and solicitude are

our responsibility. Children’s programmes should fine a prominent part in our

national plans for the development of human resources so that our children

grow up to become robust citizens, physically fit, mentally alert and morally

healthy, endowed with the skill and motivations needed by society. Equal

opportunities for development would serve our large purpose of reducing

inequality and ensuring social justice. If a child is a national asset, it is the duty

of the state to look after the child with a view to ensuring full development of

But from the beginning of human society children have been exploited

mercilessly and indiscriminately. Child Labour has been the cheapest and

disciplined. Children were made to work at home and outside, in factories and

fields, in hazardous occupations, in hotels, restaurants and as domestic aids.  

Children have been working even at an early age of 6 to 8. Their working hours

have been long and their wages have been meager.

The major determinant of child labour is poverty. Even though children

are paid less than adult, whatever income they earn is of benefit to poor

families. In addition to poverty, the lack of adequate and accessible sauces of

credit forces poor parents to engage their children in the harsher form of child

labour—bonded child labour. Some parents also feel that a formal education is

not beneficial, and that children learn work skills through labour at a young

age. These views are narrow and do not take the long term developmental

benefits of education into account. Another determinant is access to education.

In some areas, education is not affordable, or is found to be inadequate. With

no other alternatives, children spend their time working.

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    But compulsory education may help in regard to these attitudes. The

example of Sri Lanka and Kerala show that compulsory education has worked

in those areas. There are differences between Sri Lanka Kerala and the rest of

India. What types of social welfare structures do these places have? Is there

some other reason why the labour market for held laborers is poor in these

areas? These are some questions that need to be answered before applying the

concept of compulsory education to India? Is making progress in terms of

educational policy. The Deep has been implemented only four years ago, and

sores its are not apparent at this time hopefully the future will    show that this

program has made progress towers universal education and eradicating child

labour. Child labour cannot be eliminated by focusing on determinate for

example education, or by brute enforcement of child labour laws. The

Government of India must ensure   that   the needs of poor are filled before

attacking child labour. If puberty is addressed, the need for child labour will

automatically diminish. No matter how hard India tries, child labour will

always exist until the need for in remover. The development of India as a

nation is being hampered by child labour. Children are growing up illiterate

because they have been working and not attending school. A cycle of poverty is

formed and the need for child labour is reborn after every generation. India

needs to address the situation by tackling the underlying causes of child labour

through governmental policies and the enforcement of these policies. Only then

will India succeed in the fight against child labour.  Considering the magnitude

and extent of the problem and that it is essentially a socio – economic problem

inextricably linked to poverty and illiteracy, it requires concerned efforts from

the government ant from all sections of the society to make a dent in the

problem i. e. success can be achieved only through social engineering on a

major scale combined with national economic growth because child labour is

both an economic and social problem. One of the greatest achievements of

progressive democracies in the last century is to have recognized the rightful

place of the child in the societal fabric. Both in the International forum as wells

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Domestic policies, positive action for the child’s welfare is evidenced by way

of various United Nations Conventions, State legislations and judicial

interpretations. The efforts towards preserving the environment and bringing

about sustainable development are aimed at giving our children what is

naturally theirs. Child-centric human    rights jurisprudence  has  come to be a

new dimension to the larger role of  low in social engineering  Starting  with

the Declaration  of the Rights  of  the  child , adopted  in 1924 by the League of

Nations that “mankind owes to the child the best it has to give”, there have

been many endeavors of the international community in protecting the interests

of the child. The Universal Declaration of Human Rights, 1948, the

International Covenant on Civil and political Rights and  the Covenant of

Economic, Social and  Cultural Rights, 1966  are the other instruments that

convey that rights of the child. The Declaration of the Rights of the Child, 1959

and the Convention on the Rights of the Child, 1989 of the United Nations

ratified by our country as well, contain legal standards necessary for granting

social. Economic and cultural rights for children’s. International program on

the Elimination of Child Labour is a global program launched by the

International Labour Organization in December 1991. India was the first

       Every child in the country as a legitimate claim and is entitled to its

share in the finance of the republic for harmonious and comprehensive

development of its personality. There is a need to enhance the share in the

budget for the development and welfare of children in their interest of the

country. As a plant needs protection nourishment and proper environment to

grow into a big fruit bearing tree, a child also needs protection, nourishment

and proper environment to grow into a useful and responsible citizen to serve

     Spending money on education of the child is not an expense on the

public exchequer but an asset in the long run. It is the best infrastructure that

could be laid for the prosperity of a nation.  About 42 million children in the

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age group of 6-14 do not have access to basic education. Female education,

which Palkiwala calls the priority of priorities, hampered not only by the deep-

rooted cultural prejudices but also due to lack of real concern. Initiatives like

operation blackboard, Sarva Shiksha Abhiyan and mid-day meal scheme, etc.

have been taken so that school dropout rate is curtailed. But   be must also

ensure that the policies and effort to serve the purpose must be consistent and

continuous and not momentary promise. Education of the child is inextricably

intertwined with the programs of a democracy. Democracy can succeed only

with an informant citizenry. The consequence of India clearly states that child

labour is wrong and the measure should be taken to end it. The government of

India has implemented the child labour Act, in 1986 that out less child labour

in certain areas and sets the minimum age of employment at 14                      

Year. This Act, falls short of making all child labour illegal, and fails to meet

the ILO guideline concerning the minimum age of employment set at 15 year

of age. Through policies are in place that should potential reduce the incidence

of child labour, enforcement is a problem. If I child labour is to be eradicated in

India, the government those responsible for enforcement need to start doing

their jobs. Policies can and will be developed concerning child labour, but

without enforcement they are all useless.

     Various welfare enactments made by parliament and the appropriate

start legislatures are only teasing illusions and a promise of unreality unless

they are effectively implemented and make the right to life to the child driven

to labour a reality, meaningful and happy.

   The constitution of India articulates the concern for children as can be

seen from Articles 15(3), 24, 39(e), 39(f), 47 and 51-A (k). The provision in the

constitution provide right to the children against exploitation through

hazardous employment, on free and compulsory education and to make special

provision for them. Article 24 of the Constitution prohibits employment of the

child below the age of 14 years in any factory or mine or in any other

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hazardous employment, butt is a hard reality that dues   to poverty the child is

driven to be employed in a factory, mine or hazardous employment.

     The Eighty-sixth Constitutional Amendment that made education a

fundamental right for children in the age group of 6to 14 ears is a result of the

empathy shown by public-spirited individuals and institutions towards the

child. Many states are in place to make the life of the child easier and

     Pragmatic, realistic and constrictive steps and actions are required to be

taken  to enable the child belonging to poor, weaker sections, Dalits and Tribes

and minorities, enjoy their childhood  and develop their full blossomed

personality-educationally, intellectually and culturally with a spirit of inquiry,

reform and enjoyment of leisure.

It is suggested that instead of each state having its own children’s Act,

different in procedure and content from the children’s Act in other states, it

would be desirable if the central government initiates parliamentary

Legislations on the subject. So that there is complete uniformity in regard to the

various provisions relating to children in the entire territory of the country.

Despite the above, the stark reality is that in our country, children are exploited

lot. Child Labour is a big m problem and has remained intractable, even after

 Years of our having become independent despite various legislative

enactments prohibiting employment of a child in a number of occupations and

    Child Labour, therefore, must be eradicated though well –planned,

poverty-focused alleviation, development and imposition of trade actions in

employment of the children etc. Total banishment of employment of  may drive

the children and mass them up into destitution and other mischievous

environment, making them vagrant, hard criminals and porn to social risks etc.

    The role and concern of the Indian Supreme Court has been profound in

making beater the lives of numerous children who were objects of exploitation.

The Supreme court  in Bandhua Mukti Morcha vs. Union of India had to say1

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This  right to live with human dignity enshrined in article   21  drives its life

breath from the directive principles of State  Policy and particularly clauses (e)

and (f) of article 39 and articles 41 and 42and at and the least therefore, it must

include protection of stat the health  and strength of worker, men and woman,

and of the tender age  of children  against abuse, opportunities and  facilities for

children to develop in healthy money and in conditions of freedom  and

dignity, educational  facilities,  just and humane conditions of work and

maternity  relief. These are the minimum requirements which must exist in

order to enable a person to live with human dignity….”

     The observations made yet in another judgment in Bandhua Mukti

Morch vs. Union of India-are relevant in the context, which read ”The child of

today cannot develop to be a responsible and productive member of

tomorrow’s society unless an environment which is conducive to his social and

physical health is assured to him. Every nation, developed or developing, links

its future with the status of the child. … Neglecting the children means loss to

the society as a whole. If children are deprived of their childhood-socially,

economically, physically and mentally-the nation gets deprived of the  potential

human resources for social progress, economic empowerment and peace and

order, the social stability and good citizenry. The Founding Fathers of the

Constitution, therefore, have emphasized the importance of the role of child

and the need of its best development.”

        The Supreme Court of India in Rosy Jacob vs. Jacob A. Chakramakkal2  

observed “The children are not mere chattels: nor are they mere playthings for

their parents. Absolute right of parents over the destinies and the lives of their

children have, in the modern changed social conditions,  yielded to the

considerations of their welfare as human beings so that they may grow up in a

normal balanced manner to be useful members of the society. We should

remember and remind ourselves that it is only strong, knowledgeable and

virtuous children who can make the country strong and great.”

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      Children are innocent, vulnerable and dependent. Abounding children

and excluding good foundation of life for them is a crime against humanity.

Millions of children live under especially difficult circumstances-as orphans,

street children, refugees, displaced persons, as victims of war and other

manmade disasters. For the full and harmonious development of his or her

personality, a child should grow up in a family environment, in an atmosphere

of happiness, love and understanding. Adults cannot barter away the future of

the children. There must be conscious and continuous effort by all concerned to

take care of children to ensure whole some development of their personality.

  If we neglect and do not provide or meet the bare needs of food, health and

education of children, heavy price will have to be paid in the future. There is

needed to make people aware about rights of children and as to the importance

of   their growing up and responsible and productive citizens, Educational

institutions, Governments, NGOs and media can play a vital role in this regard.

Social communication needs to be stimulated at different levels and through

multiple channels across the plural society. This requires sensitive and

professional handling in a decentralization manner. Methods and mechanics are

to be designed to inform children and parents through the educational system

and other media to sensitize public functionaries and opinion-makers.

Voluntary organizations could be a powerful means of social mediation and

communication in promoting the rights of children and equally in preventing

their exploitation and suffering. In a domestic set-up, the most important need

in institutional support at the political a policy levels.

Even today, millions of children in the metropolitan slums are growing

in an environment of crime and drug abuse. Who is to care of them and what is

to be done? Ignoring children is nothing but wasting a supreme national asset.

Many of them, if properly groomed, may occupy various vital and useful

positions in all walks of life in the health, food, clothing and shelter; visualize

what our country is going to be in the future. We relies the importance and

worth of oxygen when it is withdrawn, resulting in suffocation and leading to

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serious consequences. Neglecting or ignoring the welfare of children and their

all-round development may create like atmosphere where oxygen is withdrawn

making the life of the country miserable over the years. We have a full-fledged

ministry of Human Resources Development and numerous agencies engaged in

child welfare work. It is true that the health, education and general well being

of children have received the focus and attention of officials and public but in

effect and practice a lot is required to be done yet. In a sense, children are

custodians of the glory and greatness of the nation. The proper growth of our

children will be a true tribute to Pandit Jawaharlal Nehru--   the builder of

modern India. Almost 65 years ago he asked: “who lives if India dies? Who

dies if India lives?” If India is to live , children are to live  Children are  to be

looked after and groomed well, not merely on the basis of Constitutional to

Statutory provisions but  also  with great human touch and concern. We have

both obligation and duty towards them. “ A New Deal for India’s Children”, as

envisaged and highlighted in the address of the distinguished speaker making

positive, concrete and constructive suggestions, is in a way great deal to the

nation itself in the ultimate analysis  when children take over the reins of this

country to govern. If children are of great concern to all those who are in a

position to guide their destiny, it will produce great results. The deeds of

people, in particular of those in power with commitment and concern for the

welfare of children well speak more eloquently than words in the days to come.

Growing old is mandatory but growing wiser is optional. Let us exercise our

option right now in favors of the latter in dealing with children. Continuous and

sincere efforts lead to success.

     The prevention of child labour is a herculean task. The problems relating

to child labour are required to be dealt with in a manifold manner

encompassing legislatives efforts, judicial approach, and the role of NGOs,

IGOs, NHRC and the Government. It has to be seen that the tender age of

children is not abuse   and that children should be given opportunities and

facilities to develop in a healthy manner and in conditions of freedom and

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dignity. It cannot be achieved by merely enacting laws; mere legislations

cannot be used for the massive task of social engineering. As long as the social

attitude and thinking remains deep rooted in the prevailing society and the law

enforcement agencies remain silent, justice cannot be promoted by paper

   The laws enacted for the benefit and development of child labour should

be supported and backed by public opinion. If progressive legislation lacks the

support of public opinion it just becomes the dead law. It must be asserted that

a social reform be done in consonance with social thinking, behavior and after

creation of strong public opinion, as laws could be effective only if they are

backed by a major section of society. The law can be effective if two

conditions are to be satisfied; one, supportive public opinion must be there and

two, administrative willing-nets to implement that law.

   But the biggest lacuna is that there is no universally accepted definition

of Child’ or ‘Child Labour’. Varying definitions are used by International

Organizations, Trade Unions and other interested groups. Further criteria of

basic minimum age as well as wages are also not followed strictly. The age of

working child is also not implemented in letters as well as spirits of the Acts. A

need of constant monitoring is required by appropriate authorities. Writers and

speakers don’t always specify what definition they are using, and that often

    It is necessary to enacted laws in respect of child welfare and to make

provisions for effective enforcement of it and creating public opinion in its

favor. Apart from this, public awareness through education, media and other

means, political well and commitment combined with efficient administration

supports are needed to tackle the problem of children. Special Government

machinery should be set up for eradication of the problems related to child

labour and protection of their rights so that we can give them better deal in life

by providing them better citizens of our nation. It is an undisputable fact that

the child of today will be the future of our country. As a child is not a vase to

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filled, but a fire to be lit, they should not be exploited by engaging them in

employment in all necessary amentias and support so that they become

responsible citizens of the nation and make the world a happier place to live in.

    Therefore all globalization, liberalization, modernization and

privatization processes must have an element of humanization so that the

human rights of children in the form of child labour can be checked and

minimized. Efforts should be made from our dwelling places, by active

participating of the family and society. This requires sensitization of people

through dissemination of child awareness programs. Here the role of NGOs,

IGOs, and other social organizations become very significant. An integrated

effort on the part of Government as well as on the other actors (e.g. social

organization, IGOs, NGOs, society as whole, etc.) is required to be carried on

in order to combat the menace of child labour.

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