Headlines
Amendments to bill will legalise child labour, fear activists
New Delhi, June 14
The government has approved
amendments to the Child Labour (Prohibition & Regulation) Amendment
Bill that prohibits employment of children under 14 years in all
occupations, allowing them to work in family enterprises and the
audio-visual industry. This has raised questions about children being
deprived of education, increase in school dropout rates and the
legalisation of child labour in specific industries.
Rallying
against the amendments, scheduled to be tabled during the July-August
monsoon session of parliament, child right activists fear that, if
passed, it will "legalise" child labour in home-based enterprises and
audio-visual entertainment industries.
"All forms of child labour
up to 18 years of age should be prohibited; there should not be
regulation of child labour," P. Joseph Victor Raj, national convenor,
Campaign Against Child Labour (CACL), told IANS.
While approving
amendments to the Bill on May 13, the government had said: "However, the
prohibition will not apply if a child is helping his family or family
enterprise, which is other than any hazardous occupation or process,
after his school hours or during vacations."
An exception has
been made for a child working as artist in an audio-visual entertainment
industry, except in a circus, provided the child's school education is
not affected.
"This will also deprive the children of enjoying
the right to free and compulsory education, which was ensured by the
Right of Children to Free and Compulsory Education Act, 2009, because
allowing children to work before and after school hours will result in
loss of interest in studies, drop-outs and tendency to continue working
as child labourers," he added.
Social activist Swami Agnivesh
told IANS: "This is a retrograde step being taken by the government,"
adding that with an amendment like this, the country was being taken
back by decades.
Sanjay Gupta, director of NGO Chetna, agreed and
said that the move would give rise to fake admissions in educational
institutions.
"All you would then need to employ a child as a
labourer would be a school certificate. Who would check if the child is
actually attending school? Also, once it is passed, it is likely that
the police and labour department would stop taking action, saying that
child labour was now allowed," Gupta told IANS.
According to
Census 2011 figures, India has 10.12 million child labourers aged
between five and 14 years. An International Labour Organisation (ILO)
report said that almost 17 million children between five and 17 are
engaged in child labour in South Asia - and one in five of these are
aged 11 or under.
The report, "Measuring children's work in South Asia:
Perspectives
from national household surveys", revealed that of these child
labourers, 5.8 million were in India, the highest in the region. This is
followed by five million in Bangladesh, 3.4 million in Pakistan and two
million in Nepal.
The government had said in approving that a
child can help his family or family enterprise, it was striking a
balance between the need for education and the reality of the country's
socio-economic condition and social fabric.
"No work is
non-hazardous for children. Any work will be detrimental to their health
and will affect their education and leisure time. There have been
instances of long hours of work and child sexual abuse in the
entertainment industry," Raj added.
An analysis of census data by
NGO CRY (Child Rights and You) revealed that child labour has been
decreasing at a mere 2.2 per cent per year over the last ecade, contrary
to popular perception of its substantial reduction.
The report
also said that at this pace, it would take more than a century to end
the menace, adding that child labour in urban areas in the country has
increased by 53 per cent over 2001-2011.
The changes in the law,
however, provide for stricter punishment for employers for violations.
While there is no penalty provision for parents for the first offence,
the employer would be liable for punishment even for the first
violation.
Suggesting measures, Gupta said the government could
instead look at providing children with life skills at schools, where
they are also taught about laws and rights.
"At such places,
children can be taught in a conducive environment without being
exploited," he said and added that while there should be a blanket ban
on child labour up to the age of 14, those between 15 to 18 years can be
taught skills in formal school set ups.