Child labour Prohibition and Regulation Act, 1986: Impact Analysis

51Child labour Prohibition and Regulation Act, 1986: Impact Analysis

Photo Credit - ANKIT ANANDProject Work of Sociology onChild Labour prohibition and regulations act, 1986: Impact Analysis Dr. Sangeet Kumar ANKIT ANAND Faculty of Sociology Roll No- 916 1st Year B.A. LL.BACKNOWLEDGEMENTI take this opportunity to express my profound gratitude and deep regards to my guide Dr. Sangeet Kumar for his exemplary guidance, monitoring and constant encouragement throughout the course of this research. The blessing, help and guidance given by him time to time shall carry me a long way in the journey of life on which I am about to embark.I also take this opportunity to express a deep sense of gratitude to Dr.Sangeet Kumar for providing me this research topic and for her cordial support, valuable information and guidance, which helped me in completing this task through various stages.Lastly, I thank almighty, my parents, brother and friends for their constant encouragement without which this assignment would not be possible.

Introduction:-Child labouris the practice of having children engages in economic activity, on part or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development.[footnoteRef:2] Poverty, lack of good schools and growth of informal economy are considered as the important causes of child labour inIndia.[footnoteRef:3] [2: "Child labor - causes". ILO, United Nations. 2008.] [3: Mario Biggeri and Santosh Mehrotra (2007).Asian Informal Workers: Global Risks, Local Protection. Routledge.ISBN978-0-415-38275-5.]

The 2001 national census of India estimated the total number of child labour, aged 514, to be at 12.6 million, out of a total child population of 253 million in 5-14 age group.[footnoteRef:4][footnoteRef:5] The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.[footnoteRef:6] [4: "National Child Labour project".Ministry of Labour and Employment,Government of India. Retrieved 12 September 2011.] [5: Age Structure And Marital StatusIndia Census 2001] [6: "Child Labour - ILO". ILO, United Nations. 2011.]

In 2001, out of a 12.6 million child workers, about 120,000 children in India were in a hazardous job.[footnoteRef:7] UNICEFestimates that India with its larger population, has the highest number of labourers in the world under 14 years of age, while sub-Saharan African countries have the highest percentage of children who are deployed as child labour.[footnoteRef:8] [footnoteRef:9] [footnoteRef:10] International Labour Organisationestimates that agriculture at 60 percent is the largest employer of child labour in India,[footnoteRef:11]while United Nations Food and Agriculture Organisationestimates 70% of child labour is deployed in agriculture and related activities.[footnoteRef:12]Outside of agriculture, child labour is observed in almost all informal sectorsof the Indian economy.[footnoteRef:13] [footnoteRef:14] [footnoteRef:15] [7: "Children and Work (Annual Report 2009)". Census 2001. 2008. p.108.] [8: "India- The big picture".UNICEF. Retrieved 19 October 2009.] [9: "THE STATE OF THE WORLDS CHILDREN - 2011". UNICEF. 2012.] [10: Madslien, Jorn (4 February 2004)."ILO: 'Child labour prevents is ver".BBC NEWS. Retrieved 20 September 2011."Facts on Child Labor - 2010". ILO, Geneva. 2011.] [11: "Facts on Child Labor - 2010". ILO, Geneva. 2011. ] [12: "Agriculture accounts for 70 percent of child labour worldwide". FAO, United Nations. 2006] [13: "Child Labour". Labour.nic.in. Retrieved 13 July 2012.] [14: http://labour.nic.in/cwl/ListHazardous.htm] [15: Burra, Neera."Child labour in rural areas with a special focus on migration, agriculture, mining and brick kilns". National Commission for Protection of Child Rights. Retrieved 19 October 2009.]

Companies includingGap,[footnoteRef:16]Primark,[footnoteRef:17]and Monsanto[footnoteRef:18]have been criticised for child labour in their products. The companies claim they have strict policies against selling products made by underage children, but there are many links in a supply chain making it difficult to oversee them all.[footnoteRef:19]In 2011, after three years of Primark's effort, BBC acknowledged that its award-winning investigative journalism report of Indian child labour use by Primark was a fake. BBC apologized to Primark, to Indian suppliers and all its viewers.[footnoteRef:20] [footnoteRef:21] [footnoteRef:22] [16: "Gap Under Fire: Reports Allege Child Labor".ABC News. Retrieved 22 October 2009.] [17: Hawkes, Steve (17 June 2008)."Primark drops firms using child labour".The Times(London). Retrieved 22 October 2009.] [18: "Child Labor".Forbes. 3 October 2008. Retrieved 22 October 2009.] [19: "Child Labor".Forbes. 3 October 2008. Retrieved 22 October 2009.] [20: Burrell, Ian; Hickman, Martin (17 June 2011)."BBC crisis over 'fake' sweatshop scene in Primark documentary".The Independent(London).] [21: "Shamed BBC hand back top award after 'faking footage of child labour' in Primark Panorama expose".Daily Mail(London). 28 June 2011.] [22: "http://www.primarkresponse.com/panorama/timeline-of-events/". Primark. 2012.]

Article 24 of India's constitution prohibits child labour. Additionally, various laws and the Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000, and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify, prosecute and stop child labour in India.[footnoteRef:23] [23: "National Legislation and Policies Against Child Labour in India". International Labour Organization - an Agency of the United Nations, Geneva. 2011.]

The termchild labour suggestsILO,[footnoteRef:24]is best defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that is mentally, physically, socially or morally dangerous and harmful to children, or work whose schedule interferes with their ability to attend regular school, or work that affects in any manner their ability to focus during school or experience healthy childhood. [24: "What is child labour?". International Labour Organization. 2012.]

UNICEFdefines child labour differently. A child, suggests UNICEF, is involved in child labour activities if between 5 to 11 years of age, he or she did at least one hour of economic activity or at least 28 hours of domestic work in a week, and in case of children between 12 to 14 years of age, he or she did at least 14 hours of economic activity or at least 42 hours of economic activity and domestic work per week.[footnoteRef:25]UNICEF in another report suggests, "Childrens work needs to be seen as happening along a continuum, with destructive or exploitative work at one end and beneficial work - promoting or enhancing childrens development without interfering with their schooling, recreation and rest - at the other. And between these two poles are vast areas of work that need not negatively affect a childs development." [25: "Definitions: Child Protection". UNICEF. 2012.]

India's Census 2001 office defines[footnoteRef:26]child labour as participation of a child less than 17 years of age in any economically productive activity with or without compensation, wages or profit. Such participation could be physical or mental or both. This work includes part-time help or unpaid work on the farm, family enterprise or in any other economic activity such as cultivation and milk production for sale or domestic consumption. Indian government classifies child labourers into two groups: Main workers are those who work 6 months or more per year. And marginal child workers are those who work at any time during the year but less than 6 months in a year. [26: "Figures: An Analysis of Census 2001 Child Labour Facts and Figures". Govt of India and ILO. 2007.]

Some child rights activists argue that child labour must include every child who is not in school because he or she is a hidden child worker.[footnoteRef:27]UNICEF, however, points out that India faces major shortages of schools, classrooms and teachers particularly in rural areas where 90 percent of child labour problem is observed. About 1 in 5 primary schools have just one teacher to teach students across all grades.[footnoteRef:28] [footnoteRef:29] [footnoteRef:30] [footnoteRef:31] [27: "Abolition of Child Labour A Brief Note". National Advisory Council. 2011.] [28: "The Children - Education". UNICEF. 2011.] [29: "Global campaign for children - More teachers needed". UNICEF. 24 April 2006.] [30: Swati Chandra (10 April 2012). "Shortage of teachers cripples right to education". The Times of India. ] [31: "Uniform shortage". India Today. 3 September 2011.]

Child Labour and Child Work:-Child labour is defined by many organizations as any kind of work for children that harms them or exploits them in some way may it be physically, mentally, morally or by depriving a child of education. It refers to work that is mentally, physically, socially or morally dangerous and harmful to children; deprives children of the opportunity to attend school or leave school prematurely; requiring them to attempt to combine school attendance with excessively long and heavy work and work that is in violation of a countrys minimum age laws. In its most extreme forms, child labour involves child slavery, debt bondage, children separated from their families, child trafficking, children exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities often at a very early age. Whether or not particular forms of work can be called child labour depends on the childs age, the type and hours of work performed, the conditions under which it is performed and the objectives pursued by individual countries.On the other hand child work refers to a positive participation of children in an economic activity, which is not detrimental to their health or mental and physical development; on the contrary, it is a beneficial work, which strengthens or encourages the child development. It allows a normal schooling and does not impede the child from doing leisure activities or resting. This includes activities such as helping their parents around the home, assisting in a family business or earning pocket money outside school hours and during school holidays. These kinds of activities contribute to childrens development and to the welfare of their families; they provide them with skills and experience, and help to prepare them to be productive members of society during their adult life. Aims and objectives:-To know about Child LabourTo know about the cause and consequence of Child Labour in IndiaTo know about the Child Labour Laws and their implementationTo know about violation of Child Labour provisionsTo know about the measures to eradicate Child Labour from our SocietyTo know the global perspective on child labourHypothesis:-The researcher feels that Child Labour directly or indirectly hampers the development of the country because it limits the growth of personality of the child and STOPS him from making effective contribution to the society.Research Methodology:-Doctrinal MethodThe doctrinal method in this project refers to various books, law review, magazine and journals on prostitution. Some help has also been taken from news paper, article and data given in report and last but not the least on line material. Non Doctrinal MethodThe non doctrinal method will involve interview of 2-3 women caught in flesh trade, Police officer, Journalist. It also involves Interview of a common man and taking their view on this social problem.

History of Child Labour:-

Child labour in some form or the other has always existed in societies all over the world. Children used to accompany their parents while working in the fields. Moreover they were also expected to help with household chores as well as taking care of the sick and elderly. As most of the work was being done under the watchful eyes of the parents, instances of exploitation were rare. Even today work of this sort is not considered exploitative.

The worst forms of the exploitation of children started during the Industrial Revolution. It was at this time that machinery took over many functions formerly performed by hand and was centralized in large factories. There was a large scale structural shift in employment patterns. Many artisans lost their jobs and were forced to work in these factories. But the owners of these factories realized that operating many of these machines did not require adult strength, and children could be hired much more cheaply than adults.

Children had always worked, especially in farming. But factory work was hard. A child with a factory job might work 12 to 18 hours a day, six days a week, to earn a dollar. Many children began working before the age of 7, tending machines in spinning mills or hauling heavy loads. The factories were often damp, dark, and dirty. Some children worked underground, in coal mines. The working children had no time to play or go to school, and little time to rest. They often became ill.

Many of the jobs that these children specialized in were very dangerous. E.g.: The youngest children in the textile factories were usually employed as scavengers and piecers. Scavengers had to pick up the loose cotton from under the machinery. This was extremely dangerous as the children were expected to carry out the task while the machine was still working. While the piercers had the job of fixing broken threads. It is estimated that these piecers walked almost 20 miles in a single day.

Another barbaric practice followed in Victorian times was the use of children as chimney sweeps. Children were also employed to work in coal mines to crawl through tunnels too narrow and low for adults. They also worked as errand boys, crossing sweepers, shoe blacks, or selling matches, flowers and other cheap goods. Some children undertook work as apprentices to respectable trades, such as building or as domestic servants. By 1810 about 2,000,000 children were working 50 to 70 hours a week. About 2/3rds of the total workers in the textile industry were children.Church and labour groups, teachers, and many other people were outraged by such cruelty. They began to press for reforms. The English writer Charles Dickens helped publicize the evils of child labour with his novel Oliver Twist. Two Factory Acts were implemented in 1802 and 1809. Both these acts set limits on the maximum number of hours that a child was allowed to work in a day. But the implementation of these laws was lax and it had very little effect.

In the United States it took many years to outlaw child labour. Connecticut passed a law in 1813 saying that working children must have some schooling. By 1899 a total of 28 states had passed laws regulating child labour. Today all the states and the U.S. Government have laws regulating child labour. These laws have cured the worst evils of children's working in factories. But some kinds of work are not regulated. Children of migrant workers, for example, have no legal protection. Farmers may legally employ them outside of school hours. The children pick crops in the fields and move from place to place, so they get little schooling.

In India child labour has always existed in the agricultural sector. Children and their parents used to work together in the farms. Moreover the task of taking the cattle to graze was always allotted to children. Although this work was hard and tiring, it did not lead to a worsening of their future prospects. Schooling was not available in most villages and most of the jobs were still in the agricultural sector. So this work served as training for their future. Large scale exploitation of children in India began with the arrival of the British. Just as the case was in Great Britain, the new industrialists started hiring children who were forced to work in inhuman conditions. Laws against child labour were passed under Employment of Children Act of 1938. These attempts at legislation failed as they failed to address the root cause of child labour in India: poverty. Until and unless the populace was brought out of poverty, it was impossible to take the children out of the labour force.

Cause of Child Labour in IndiaIndia accounts for the second highest number where child labour of the world is concerned. Africa accounts for the highest number of children employed and exploited. Child labour is one of the biggest problems faced by world today. According to UNICEF, a staggering number of 250 million children aged 2 to 17 are subjected to child labour worldwide.

Poverty the main reason for child labourPoverty can be termed as the main reason for child labour in India. Though the country has achieved commendable progress in industrialization, the benefits of the same have not been effectively passed on to the lower strata of society. The disparities in income have progressively increased more so after the opening up of the Indian Economy from the late 80s. People who had the resources became richer by employing the poor who were readily available as cheap labour. The average earnings of a poor industrial worker is still about 2 dollars per day even in suburban areas around Mumbai and other metropolitan cities of India. In order to keep costs down even large companies employ unorganized workers through contractors who get uneducated and unskilled and semi-skilled people at very low wages.Poor children and their families may rely upon child labour in order to improve their chances of attaining basic necessities. More than one-fourth of the world's people live in extreme poverty, according to 2005 U.N. statistics. The intensified poverty in parts of Africa, Asia, and Latin America causes many children there to become child labourers.This helps the industries to keep their labour costs down at the cost of the poor labourers. In effect what happens is that the children of these poor unorganized labourers have to find some work to help run the family. They cannot afford to go to school when they do not have food to eat and when their other brethren go hungry. Hence children from such deprived families try to work as domestic servants, or in factories who employ them and remain uneducated and grow up that way becoming perennial victims of this vicious cycle or poverty and suppression. As we know that more than 70% of the population of our country lived in rural area. Their economic situation is not good. The main reason for low income in the family is highest number of family members in the family. They think that income of the family is directly proportional to number of family members. This is the reason for child labour in our society.

ILLETERACY AND LACK OF EDUCATIONIlliteracy is a situation when a person is not able to read and/or write. This is when the person is not in a position to get even primary education. Lack of education is another aspect which is a result of illiteracy and lack of information. An uneducated person is one who is generally unaware of things which an average person is required to know. Such people are normally unaware of their human rights and the rights of their children too. The children of such people normally become child labourers around their homes.Basic education is not free in all countries and is not always available for all children, especially in remote rural areas. Where schools are available, the quality of education can be poor and the content not relevant. In situations where education is not affordable or parents see no value in education, children are sent to work, rather than to school.In 2006, approximately 75 million children were not in school, limiting future opportunities for the children and their communities. A 2009 report by the United Nations estimated that achieving universal education for the world's children would cost $10-30 billion -- about 0.7% - 2.0% of the annual cost of global military spending.Culture and traditionWith few opportunities open to children with more education, parents are likely to share a cultural norm in which labour is seen as the most productive use of a childs time. Children are often expected to follow in their parents footsteps and are frequently summoned to help other members of the family, often at a young age.Market demandChild labour is not accidental. Employers may prefer to hire children because they are cheaper than their adult counterparts, can be dispensed of easily if labour demands fluctuate and also form a docile, obedient work-force that will not seek to organize itself for protection and support.The effects of income shocks on householdsHouseholds that do not have the means to deal with income shocks, such as natural disasters, economic or agricultural crises or the impact of HIV, AIDS, may resort to child labour as a coping mechanism. For example, millions of children have been affected by the HIV pandemic. Many children live with HIV, while an even larger number have been orphaned or made vulnerable by AIDS. If a parent falls ill due to HIV or AIDS related illnesses, the child may have to drop out of school to care for family members. The phenomenon of child-headed households is also associated with the HIV, AIDS epidemic as orphaned children work to care for younger siblings.Inadequate/poor enforcement of legislation and policies to protect childrenChild labour persists when national laws and policies to protect children are lacking or are not effectively implemented.Fatalist attitude of the poor towards lifeMost of the people belonging to the lowest strata of society in India have a fatalist and submissive attitude towards life. They do not believe that their lot can be better.High population leading to break neck competition for jobsThe industrialists in India have been successful in taking advantage of this disadvantage faced by job seekers. Due to high population the job seekers not in a position to bargain a higher wage. As a result the poor remain poor working for low wages.Irresponsible attitude of employersA general sense of irresponsibility towards society is seen the employers in India who are least bothered as to how their employees survive. In spite of being aware of the high cost of living and inflation they are least bothered and least ashamed to pay wages which are much below sustenance levels. Also if the employers were responsible they in the first place would not employ children at all.Existing laws or codes of conduct are often violated.Even when laws or codes of conduct exist, they are often violated. For example, the manufacture and export of products often involves multiple layers of production and outsourcing, which can make it difficult to monitor who is performing labour at each step of the process. Extensive subcontracting can intentionally or unintentionally hide the use of child labour.

Laws and enforcement are often inadequate.Child labour laws around the world are often not enforced or include exemptions that allow for child labour to persist in certain sectors, such as agriculture or domestic work. Even in countries where strong child labour laws exist, labour departments and labour inspection offices are often under-funded and under-staffed, or courts may fail to enforce the laws. Similarly, many state governments allocate few resources to enforcing child labour laws.Parental illiteracyIn India parental illiteracy is also one of the important cause of child labour. Due to illiteracy they do not know the importance of education. They do not have any idea what is the role of education in any ones life. Tradition of making children learn the family skillsIn India due to illiteracy and poverty the children have to opt the traditional business of family in order to support the family members. Ignorance of the parents about the adverseconsequences of Child labourNon-availability of and non-accessibility to schoolsIrrelevant and non-attractive school curriculum

Employers prefer children as they constitute cheaplabour and they are not able to organizethemselvesagainstexploitation.

CONCEQUENCES OF CHILD LABOUR As it remains a wide spread problems especially in developing countries, child labour, has predominantly negative effects on health and development of the children involved and also on the socioeconomic picture of the country in short or long term. Certain forms of child labour, particularly those done outside of the households, have known effects on the well-being of child labourers. The impact of child labourers exposure to various forms of work-related abuse may encompass the physical, psychological and emotional dimensions, and ultimately undermining the childs welfare. The short-term effects of engaging in child labour, particularly the worst forms, are the ones more immediately experience by the child and the household. Evidently, the short-term positive impact of child labour is the increase in household income because of the added worker effect. However, the emphasis will be more on the negative consequences of child labour by taking into account schooling affects health effects and psycho-emotional effects on the child. Expectedly, these short-term effects resonate in the long term. And the emphasis will also be on the socio-economic long-run effects on the macro economy, which are consistent with the effect of child labour on the household level.

Short-run consequences The general short-run consequences are as follows: Schooling Effects There is universal agreement about the negative impact of child labour on the education of a child labourer. Child labour interferes with school attendance and school performance, and it increases the probability that the child becomes a school dropout. In the medium and long run, this leads to low education and skills and low capacity to earn, thus bringing about the mutual feedback between child labour and education in the medium and long runs. Evidence was provided 65 to the aforementioned, revealing that school participation decreases with age of the child labourers. About 53 percent of the surveyed child labourers do not attend school. School participation among child labourers aged 5 to 12 was about 80 percent. This drops to 60 percent by age 13 and to 22 percent by age 17 (Alonzo, 2002). Health and Safety EffectsIt violates childrens right and exposes them to health risks for they are prone to physical, emotional and sexual abuse. Increasing number of victims of most harmful child labour such as child trafficking exposes children to HIV/AIDS, STIs, and other infectious diseasesAs coping mechanisms, child prostitutes may also indulge in substance abuse, which may have insidious effects on their physical and mental states if left unchecked. Studies by Pacis reports that child domestic workers experience physicalabuse73manyare being injured, beaten, or tormented, some even to death. Others were forces to drink poisonous fluids such as bleach andanti-clogliquids.

Psycho-emotionalEffectsThe worst forms of child labour also expose children to psychological and emotional abuses and harm. This in itself is a crime against the childs rights, which should be prevented at all costs.From apsycho-socialviewpoint, the reality of child labour essentially leads to the loss of the childs semblance of childhood. It was pointed out that64, socially; the children felt that they have less time for recreation, play and even to socialize with other people outside of their work. This lack of socialization at play may have both psychological and emotional effects on child labourers. These abuses started immediately after they were deployed to their work. He further said that many child domestic workers have stunted intellectual, emotional and physical development. Some have experience rape, molestation and other acts of sexual abuse.Long-runconsequencesChild labour is basically theshort-runcoping mechanism of poor families during times of crises.. In the medium and long run, the practice of child labour provides a coping mechanism of the poor and disadvantaged in a community and society that is wanting in economic development and social protection.As it were, the negative consequences of child labour experienced in the household level, resonates on the aggregate level and in the long run. The costs of foregone education and the lack of skills acquisition and health, emotional and psychological damages will surely have an effect on current and future efficiency and productivity.Macroeconomic, endogenous growth theory argues that the contribution of human capital to economic development results in increasing returns to scale and positive externalities which are key to economic development and sustained growth (Lim, 2002). It was said (Anker, 2000) that Child labour leads to reduction in human capital and reduction in skilled and educated labour, a reduction in healthy and productive labour, and a reduction in the quality of the labour force by reducing socialization and interpersonal skills. High incidence and prevalence of child labour, therefore leads to massive productivity and efficiency losses in the medium andlong-term.

Types of child labour Several forms of child labour exist worldwide with some types more prevalent in some areas of the world. Some labour might be harmful while others are not. In 2006, an estimated 74 million children aged 5-17 years were working in hazardous situation and they contribute about half the total number of economically active children and more than 2/3 of those in child labour.18 in addition to this, estimated 8.4 million children are involved in other worst form of labour such as trafficking, forced and bonded labour, prostitution and pornography and other illicit activitiesDomestic child labour Domestic services are by far the most common line of work for female child labourers, but boys can also be domestic servant (Bequele, 1988). Domestic servants are basically children who work at a familys home and perform their common household tasks, such as caring for small children, cooking, cleaning the house and handling cleaning chemicals, using sharp kitchen utensils and lifting heavy items. These children undergo immense physical stress, making them subject to accidents while carrying out even the simplest of tasks. Sometimes the childs employers and their family members physically abuse the child. They are thrown into a cycle of violence until they are given out to the next family. In Guatemala and El Salvador tens of thousands of girls work as domestic servants, some as young as eight years old (ILO/OPEC, 2000). According to one local advocate in Guatemala, employers control nearly every aspect of a domestic workers life, including the salary she earns, the work she does, her working hours, the days she can go out, where she can go and even what language she should speak in the home and how she should dress (Child Domestic, 2004). Approximately 200,000 Indonesian girls and women work in Malaysia as household domestics. In order to pay recruitment and processing fees, they either take large loans requiring repayment at extremely high interest rates or the first four or five months of their salary is deducted. Girls expecting to spend one month in pre-departure training facilities are often trapped in heavily guarded centres for three to six months without any income, or may be trafficked into forced labour, including forced domestic work or forced sex work. In west and central Africa, girls as young as seven provide a cheap workforce to families needing assistance with house work or small commercial trades (Lindert, 1976). Child domestics work under constant threat of punishment and physical abuse. Many escaped following an incident of unendurable abuse, after which they lived abandoned in the street. It was estimated that there are 14 million child domestic workers in Africa (HRP, 2005). In the city of Cotonou, Benin republic, it was estimated that one-half of the households have a domestic servant and that around 85% are young girls. In Lome, Togo, 1/3 of the households were estimated to have a house girl, most of them children (UNICEF, 2000). The case of Nigeria is once again particular. According to the Child Welfare League of Nigeria, with the presence of a child domestic servant in virtually every household, Nigeria could be seen to have the largest number of child domestic workers in the world. Majority of these children end up being physically, emotionally and if they are girls, sexually abused (Ego, 1998).

Agricultural Child Labour:-Of the Of the 250 million child labourers worldwide, the vast majority- 70 percent, or some 170 million-are working in agriculture (CSUCS, 2004). The work is physically demanding because children must bend, knee, climb ladders, carry heavy loads of fruits and other exhausting activities. Among these chores, child labourers may also weed and cultivate soil, fix irrigation canals, and apply dangerous pesticides. They also are exposed to dangerous tools and have to use unsafe machinery they dont know how to operate. As agriculture is predominantly a rural phenomenon, where children are found working in agricultural and family farms. There are also 15 million bonded child labourers working in agricultural sector in India (HRP, 25).In Egypt, it was examined that in the cotton industry, Egypt's major cash crop, there was over one million children working each year to manually remove pests from cotton plants. In Ecuador, there were nearly 600,000 children working in banana fields and packing plants. In the United States, it was estimated that 300,000 children work as hired labourers in large-scale commercial agriculture, planting, weeding, and picking apples, cotton, cantaloupe, lettuce, asparagus, watermelons, Chilies, and other crops (SCUCS, 2004) in Nigeria most children engaged in agricultural child labour are concentrated in the rural areas. CHILD SOLDIERS Children were reported to engage in war and other communal conflicts in various part of the world. The children ranging from 8-18 years of age are forced to kill. They have handle very dangerous objects such as knives, pistols, rifles, grenades and whatever else the army is able to use. Out of the 300,000 child soldiers around the world, it is estimated that 120,000 of these are African children who have been forced and recruited to take part in wars and fighting in some African countries. Sudan, Sierra Leone, Uganda, Rwanda and Burundi, to name a few African countries, are all shamed by the tragedy of child soldiers (Ebigbo, 2000). Under the influence of drugs and alcohol, often they are the perpetrators of such brutality, some of the time against their own family members. In Nigeria, there is no evidence of under 18s in the armed forces. Children only participate in armed vigilante and youth groups and take role in religious and communal clashes (UNICEF, 2004). CHILD TRAFFICKING Children are found to be trafficked to and from all regions of the world. For the transfer of children to be qualified as trafficking, there should be the conclusion of a transaction, the intervention of an intermediary and the motive to exploit. The UNICEF enlisted it among the hazardous forms of labour that was put to about 70% of the worlds 246 million10 child 10 labourers. According to another report, 50% of all trafficked victims world wide are children (US Department of State, 2004). Age varies significantly depending on the purpose of trafficking, with the average age been about 15 years for most developing countries. One report has shown that 90% of trafficked domestic workers in West and central Africa were girls (UNICEF, 2005). Some of them as young as 13 (mainly from Asia and Eastern Europe) are trafficked as mail order brides. In most cases these girls are powerless and isolated and are at great risk of violence. Nigeria is a source, transit and destination country for trafficked women and children (ANPPCAN, 2005). According to a BBC report, no one exactly knows the scale of child trafficking problem in the country (Borzello, 2004). A UNICEF report put an estimate of the total number of child labourers in Nigeria at 12 million (UNICEF, 1995 and ILO, 1950), with a whooping 200,000 trafficked within West Africa alone. Also based on a nation wide survey on child trafficking, approximately 19% of school children and 40% of street children have been trafficked for forced labour (US Department of State, 2004). Areas mostly affected are Imo (Owerri), Port Harcourt, Calabar, Lagos, Kano, Sokoto and Maiduguri. The age of the children varies especially among girls, but the average age is put at 15 years (Ebigbo). Patterns and routes of child trafficking show some regional variation in Nigeria.. A study also showed that over 70 % of the minors who worked as street prostitutes in Italy have been trafficked predominantly from Albania and Nigeria (US Department of State, 1999). According to another ILO statement, the incidence of child prostitution is also rising. Local NGOs estimate that more than 700 children of both sexes were recaptured on the Benin-Togo and Benin-Nigeria borders during 1997 (CATW, 1998) and returned to their families. Countries of destination differ somewhat between the northern and southern part of the country. While Italy, Belgium, Netherlands and other Western countries have been identified as destination for most trafficked children from the south, children from the north are mainly trafficked to Saudi Arabia, Morocco and some other Middle Eastern countries. BONDED CHILD LABOUR Bonded child labour is child labour in which, a child below 18 years of age is working against debt taken by himself/herself or his/her family members without or with the child's consent, under conditions that restrain his/her freedom and development, making him/her vulnerable to physical and other forms of abuse and deprives him/her of his/her basic rights (Weiner, 1991; This is also called debt bondage) Bonded child labour is caused when a poor family needs money (for food, a sickness, etc.) to pay for something. Apart from agriculture, which accounts for 64 percent of all labour in India (UNICEF, 1995), bonded child labourers form a significant part of the work force in a multitude of domestic and export industries. Approximately fifteen million children work as bonded labourers in India. STREET CHILDREN In contrast with child domestic workers, some children work in the most visible places possible on the streets of developing world cities and towns (UNICEF, 1996). They are everywhere: hawking in markets and darting in and out of traffic jams, plying their trade at bus and train stations, in front of hotels and shopping malls. A report from the state juvenile court stated that, on average, three street children are killed every day in Rio, many by police at the request of merchants who consider the begging, thieving and glue-sniffing a major nuisance (Ebigbo, 2003). Many have dropped out of school or never attended classes. On the streets, they shine shoes, wash and guard cars, carry luggage, hawk flowers and trinkets, collect recyclables and find a myriad other ingenious ways to make money. Unhealthy and unfair. Some are able to combine some schooling with their street work, but nevertheless many are exploited and cheated by adults and peers and must spend many hours earning their survival. In northern Nigeria where the Moslem religion is predominantly practiced and begging is allowed, young boys and girls lead handicapped adults about on the streets to beg. They receive a pittance for their services. Apart from this, because many parents believe that good parenting means that children should be brought up strictly and with religious training they send mostly male, but also some female children, to the Koranic scholars who are versed in teaching the Koran. Many of the Mallams do not have western education. Hawking by boys and girls is thus widespread and parents clearly recognize that the practice holds dangers for children. In the eastern and western parts of Nigeria children may attend morning or afternoon school and hawk goods out of school hours, though there are some children who trade on the streets the whole day. Their income helps their families or house-madams financially or pays for school fees. Although most Nigerian children return home at the end of the day, a growing number, including girls, subsist and exist on the streets (Oloko, 1989 and Ebigbo, 1985). The street child density study was undertaken in which fieldworkers were posted to the busy streets of Kaduna (in the North), Ibadan (in the West) and Enugu (in the East). Over a one-week period, 414 children per street were counted in Enugu, 1959 per street in Kaduna, and 1931 per street in Ibadan. At the end of the study they found that there is a street density population of 44.4, 195.9 and 193.1 working children per hour per street in Enugu, Kaduna and Ibadan respectively (Ebigbo, 2003). There was a 1:1 male/female ratio in Enugu; there were 20 percent more girls than boys in Kaduna and there was a 1:2 male/female ratio in Ibadan. In Enugu more children were observed on the streets in the evening, indicating that more children attended school in the morning and traded in the evening to supplement family income. In Kaduna and Ibadan there was no marked contrast in the number of children working in the mornings and evenings. This seems to indicate that a large number of children do not go to school at all but are engaged all day in active trading (Ebigbo, 2003). CHILD PROSTITUTION Child prostitution is defined by the United Nations as "the sexual exploitation of a child for remuneration in cash or in kind, usually but not always organized by an intermediary (parent, family member, procurer, teacher, etc.)" (www. dol.gov). The sexual exploitation of children is considered to be one of the worst forms of child labour and a form of bonded labour. While it is believed that those under 15 make up a small minority of child prostitutes, some observers note a trend towards greater demand for ever younger children in the sex industry, particularly in Asia but also in Latin America. In Nigeria, commercial sex work is gradually becoming a profession solely for children where the average age for commercial sex work is 16 years. Many school leavers survive by prostitution and many street children turn to commercial sex as a means of income generation. Child prostitution is more prevalent in the oil rich Niger Delta regions of Port Harcourt, Bonny and Akwa Ibom, as well as other big cities like Lagos (CSEC). Many School leavers survive either by selling drugs or by prostitution. There is a proliferation of both foreign and local pornographic materials which are easily accessible to children and which are in some cases targeted at young people.

THE CHILD LABOUR (Prohibition and Regulation) ACT, 1986 1 OBJECT: To prohibit the engagement of children in certain employments and to regulate the conditions of work or children in certain other employments. 11 DEFENITION: Child: Child means a person who has not completed his fourteen years of age. 111 APPLICABILITY: In extends to the whole of India. PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES: No child shall be employed or permitted to work in any of the following occupations: Set forth in part of A of the schedule or in any workshop where in any of the process set forth in part B of the schedule to this Act 1. Transport of passengers, goods; or mails by railway 2. Cinder picking, clearing of an ash pit or building operation in the railway premise. 3. Work in a catering establishment at a railway station, involving the movement of vendor or any other employee of the establishment from one platform to another or into or out of a moving train. 4. Work relating to the construction of railway station or with any other work where such work is done in close proximity to or between the railway lines. 5. The port authority within the limits of any port. 107 6. Work relating to selling of crackers and fireworks in shops with temporary licenses 7. Abattoirs/slaughter Houses8. Automobile workshops and garages.9. Founderies 10. Handling of taxies or inflammable substance or explosives 11. Handlom and powerloom industry 12. Mines (Under-ground and under water) and collieries 13. Plastic units and Fiber glass workship OR In any workshop wherein any of the following processes is carried on. 1 Beedi making 2 Carpet Weaving 3 Cement manufacture including bagging of cement4 Cloth printing, deying and weaving5 Manufacture of matches, explosive and fire works6 Mica cutting and splitting7 Shellac manufacture 8 Soap manufacture 9 Tanning10 Wool cleaning 11 Building and construction industry 12 Manufacture of slate pencils (including packing) 13 Manufacture of products of agate 14 Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos (Section-3) 108 15 All Hazardous possess an defined in section 2(cb) and dangerous operations as notified in ruler made under section 87 of the factories Act 1948 16 Printing (as defined in section 2(k) of the factories Act 1948 17 Cashew and cashew nut descaling and processing 18 Soldering process in electronic industries 19 Agarbathi manufacturing20 Automobile repairs and maintenance (namely welding lather work , dent beating and printing) 21 Brick kilns and Roof files units 22 Cotton ginning and processing and production of hosiery goods 23 Detergent manufacturing 24 Fabrication workshops (ferrous and non-ferrous) 25 Gem cutting and polishing 26 Handling of chromites and manganese ores 27 Jute textile manufacture and of coir making 28 Lime kilns and manufacture of lime 29 Lock making 30 Manufacturing process having exposure to lead such as primary and secondary smelting, welding etc. (See item 30 of part B process) 31 Manufacture of glass, glass ware including bangles fluorescent tubes bulbs and other similar glass products 32 Manufacturing of cement pipes, cement products, and other related work. 33 Manufacture of dyes and dye stuff 34 Manufacturing or handling of pesticides and insecticides 35 Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo enlarging and soldering processes in electronic industry 36 Manufacturing of burning coal and coal briquette 37 Manufacturing of sports goods involving to synthetic materials, chemicals and leather 38 Moulding and processing of fibreglass and plastics 39 Oil expelling and refinery 40 Paper making 41 Potteries and ceramic industry 42 Polishing, moulding, cutting welding and manufacture of brass goods in all forms43 Process in agriculture where tractors, threshing and harvesting machines are used and chabt cutting 44 Saw mill all process 45 Sericulture processing 46 Skinning dyeing and process for manufacturing of leather and leather products 109 47 Stone breaking and stone crushing 48 Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form 49 Tyre making repairing, re-trading and graphite beneficiation 50 Utensils making polishing and metal buffing 51 Zari Making (all process)

IV CHILD LABOUR TECHNICAL ADVISORY COMMITTEE: The central government may by notification constitute a child Labour technical advisory committee to advise the central govt. for the purpose of addition of occupations to the schedule of the Act. (Section-5). V HOURS AND PERIOD OF WORK:No child shall be required or permitted to work in any establishment in excess of number of hours prescribed (Section-7) In Kerala the working hours in limited to four and half hours in a day. (Rule -3). The period of work on each day shall not exceed three hours and no child shall work for more than three hours before he has had an interval for rest for at least one hour. No child shall be permitted or required to work between 7 P.m. and 8 a.m. No child shall be required or permitted to work overtime. (Section-7). VI WEEKLY HOLIDAY: Every child shall be allowed in each week a holiday of one whole day. (Section-8). VII NOTICE TO INSPECTOR: Every occupier shall within 30 days send a written notice in Form-A to the inspector within whose local limits the establishment is situated. (Section-8 read with Rule-4). 110 VIII DISPUTES AS TO AGE: If any question arises between an inspector and an occupier as to the age of any child, in the absence of a certificate in Form-C as to the age of such child granted by the prescribed medical authority, be referred by the inspector for decision to the prescribed medical authority. ( A govt. medical officer not below the rank of an Assistant surgeon of a district or on officers having equivalent rank in ESI Dispensaries or hospitals (Section-10 read with Rule -16) IX REGISTERS: Every occupier of an establishment shall maintain a register in respect of children employed or permitted to work at the establishment in Form-B. (Sect. II read with Rule-15) X DISPLAY OF NOTICE: Every occupier shall display in the establishment the abstract of section-3 and 14 in form-D of the Act (Section 12 read with Rule -17) X1 PENALITIES: Violations under Section-3 shall be punishable with imprisonment which shall not be less than three months which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. Continuing offence under section (3) shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. Any other violations under the Act shall be punishable with simple imprisonment, which may extend to one month or with fine, which may extend to ten thousand rupees or with both. 111 X11 WHO CAN FILE PROSPECUTIONS: 1. Any person 2. Police Officer 3. Inspector appointed under the ActNo. court inferior to that of a metropolitan Magistrate or a Magistrate of the First Class shall try any offence under this Act. (Section-16) Shall be a Government Medical Officer not below the rank of an Assistant Surgeon of a district or an officer of equivalent rank employed on a regular basis in Employees State Insurance dispensaries or hospitals 17. Abstract of the Act - An abstract of sections 3 and 14 of the Act shall be displayed in form D suspended to these rules (Rule 17)

The Child Labour (Prohibition and Regulation) Act, 1986 is one the most debated acts regarding children in India. It outlines where and how children can work and where they cannot. The provisions of the act are meant to be acted upon immediately after the publication of the act, except for part III that discusses the conditions in which a child may work. Part III can only come into effect as per a date appointed by the Central Government (which was decided as 26th of May, 1993).The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages, etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc. These provisions do not apply to a workshop where the occupier is working with the help of his family or in a government recognised or aided school.The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC) who is responsible for advising the government about additions to the Schedule lists.Part III of the act outlines the conditions in which children may work in occupations/processes not listed in the schedule. The number of hours of a particular kind of establishment of class of establishments is to be set and no child can work for more than those many hours in that particular establishment. Children are not permitted to work for more than three hour stretches and must receive an hour break after the three hours. Children are not permitted to work for more than six hour stretches including their break interval and can not work between the hours of 7 p.m. and 8 a.m. No child is allowed to work overtime or work in more than one place in a given day. A child must receive a holiday from work every week. The employer of the child is required to send a notification to an inspector about a child working in their establishment and keep a register of all children being employed for inspection.If there is a dispute as to the age of the child, the inspector can submit the child for a medical exam to determine his/her age when a birth certificate is not available. Notices about prohibition of certain child labour and penalties should be posted in every railway station, port authority and workshop/establishment.The health conditions of work being undertaken by children shall be set for each particular kind of establishment of class of establishments by the appropriate government. The rules may cover topics such as cleanliness, light, disposal of waste and effluents, drinking water, bathrooms, protection of eyes, maintenance and safety of buildings, etc.Section IV of the act outlines various remaining aspects such as Penalties. The penalty of allowing a child to work in occupations/ processes outlined in the schedule which are prohibited is a minimum of 3 months prison time and/or a minimum of Rs. 10,000 in fines. Second time offenders are subject to jail time of minimum six months. Failure to notify an inspector, keep a register, post a sign or any other requirement is punishable by simple imprisonment and/or a fine up to Rs. 10,000. Offenders can only be tried in courts higher than a magistrate or metropolitan magistrate of the first class. Courts also have the authority to appoint people to be inspectors under this act.Rules of this act must be passed by the respective parliaments (state or central). Any changes or added provisions must be passed by the parliament. The establishment of this act also calls for a change in a number of other acts. The Employment of Children Act of 1938 is repealed. The enactment of this act changes the definition of child to one who has not completed his fourteenth year of age. Hence under provisions of this act the age of a child is also changed in the Minimum Wages Age 1948, the Plantations Labour Act 1951, the Merchant Shipping Act 1958, and the Motor Transport Workers Act 1961.International Conventions on child labourA Convention is an international agreement between countries. These are usually developed by the United Nations or other international organizations. Governments that ratify Conventions are obliged to incorporate them into their own laws and to make sure that these laws are applied and respected.The Convention on the Rights of the Child was the first legally binding international instrument to incorporate the complete range of human rights for children, including civil, cultural, economic, political and social rights. The Convention defines a child as anyone below the age of 18 years and spells out the basic human rights that children everywhere should have, including the right to protection from economic exploitation (Article 32) and the right to education (Article 28). It is the most endorsed human rights treaty in the world, ratified by all but two countries.The two main Conventions focusing specifically on child labour, on minimum age for admission to employment and on the worst forms of child labour, were developed by the International Labour Organization (ILO). It is important that countries both ratify the Conventions, and take positive action to both end child labour and support the rehabilitation and education of former child labourers.Convention No. 138 on the Minimum Age for Admission to Employment, 1973As mentioned previously, child labour is work that children should not be doing because they are too young to work, or if they have reached the minimum age because it is dangerous or otherwise unsuitable for them. Countries that ratify this Convention undertake a legal promise to stop child labour and make sure that children below a certain minimum age are not employed. At the end of 2010, this Convention had been ratified by 156 of the 183 member States of the ILO.The framework as to the minimum age is as follows:

The minimum age at which children can start workPossible exceptions for developing countries

Hazardous workAny work which is likely to jeopardise childrens health, safety or morals should not be done by anyone under the age of 1818 (16 under strict conditions)18 (16 under strict conditions)

Basic Minimum AgeThe minimum age for work should not be below the age for finishing compulsory schooling, which is generally 151514

Light workChildren between the ages of 13 and 15 years old may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training.13-1512-14

Convention No. 182 on the Worst Forms of Child Labour, 1999This Convention covers all boys and girls under the age of 18 in line with the definition of the child under the UN Convention on the Rights of the Child. It calls for immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. At the end of 2010, this Convention had been ratified by 173 of the 183 member States of the ILO.The Convention defines these worst forms, to be prohibited to all persons under 18 years, as:(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced of compulsory labour, including forced of compulsory recruitment of children for use in armed conflict;(b) The use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances;(c) The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;(d) Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

The term worst forms of child labour encompasses both hazardous work (d) and other worst forms (a) to (c). The difference is that while hazardous work, through changes in the work environment and the work itself, can sometimes be modified to remove the hazardous aspects, the other worst forms can under no circumstance be considered acceptable.As to the exact types of work to be prohibited as hazardous work under item (d) above, the Convention leaves the matter to national determination after consultation with employers and workers organisations and taking into consideration relevant international standards.Convention No. 182 complements Convention No. 138, which in its turn provides the basic framework for national and international action for the elimination of child labour. Convention No. 182 focuses on the worst forms as a priority target, while Convention No. 138 sets forth the ultimate long term objective of the effective abolition of child labour, and also clarifies what should be targeted as child labour by providing for the minimum age standards.As specified in theILO Declaration on Fundamental Principles and Rights at Work(1998), the ILO Conventions No. 182 and No. 138 on child labour are considered as core Conventions. This means that all ILO Member States, even if they have not ratified the Conventions, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize the principles concerning such fundamental rights. The four areas covered by the Declaration on Fundamental Principles and Rights at Work are:(a) Freedom of association and the effective recognition of the right to collective bargaining;(b) The elimination of all forms of forced or compulsory labour;(c) The effective abolition of child labour; and(d) The elimination of discrimination in respect of employment and occupation..

International Labour Standards on Child labour

Child labour is a violation of fundamental human rights and has been shown to hinder children's development, potentially leading to lifelong physical or psychological damage. Evidence points to a strong link between household poverty and child labour, and child labour perpetuates poverty across generations by keeping children of the poor out of school and limiting their prospects for upward social mobility. This lowering of human capital has been linked to slow economic growth and social development. A recent ILO study has shown that eliminating child labour in transition and developing economies could generate economic benefits nearly seven times greater than the costs, mostly associated with investment in better schooling and social services. (Note 1) ILO standards on child labour are primary international legal tools for fighting this problem.

Selected relevant ILO instruments

Minimum Age Convention, 1973 (No. 138)This fundamental convention sets the general minimum age for admission to employment or work at 15 years (13 for light work) and the minimum age for hazardous work at 18 (16 under certain strict conditions). It provides for the possibility of initially setting the general minimum age at 14 (12 for light work) where the economy and educational facilities are insufficiently developed. Worst Forms of Child Labour Convention, 1999 (No. 182)This fundamental convention defines as a "child" a person under 18 years of age. It requires ratifying states to eliminate the worst forms of child labour, including all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; child prostitution and pornography; using children for illicit activities, in particular for the production and trafficking of drugs; and work which is likely to harm the health, safety or morals of children. The convention requires ratifying states to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. It also requires states to ensure access to free basic education and, wherever possible and appropriate, vocational training for children removed from the worst forms of child labour.

Case studies of child labour Adhuri muskan.... (Reality beyond my smile...) Meri beti bahut acha padhti hai,sab log use kehte hai said a proud mother of a 11 years old girl named Salma. Happiness and dreams of the mother can be seen in her eyes regarding her daughter. Salma was wearing a yellow salwar suit carrying paper boxes on her head and crossing the road,when asked where are you going she said Ammi udhar sabzi bech rahi .Salma smiled at when her name was asked. This smile remained on her face till the end of our conversation. She stays in the busy area of Rajabazar. The whole area of Rajabazar is of shops, road side vegetables, fruits and juice sellers. Mostly we could see children in every shop working either with their parents or handling work themselves. She has five sisters and one brother. Her mother sells vegetable and father is a mason. Among all the brothers and sisters she is the fourth. There are many Schools in rajabazar but not in proper conditions, still Salma manages to study in a nearby school named Gol Patti. This school has no level of class. As per the RTE Act, a school should have minimum facilities, like an all-weather building, fully equipped library, playground, drinking water facilities, separate toilets and kitchen for cooking mid-day meals. But here every child no matter of what age studies together in the same class. She studies urdu and Bengali in her school and both the teacher loves her very much. Work and study goes side by side in her life. Children want to study but no proper schools, classrooms are there to meet up to their needs.She sits with her mother in the market to sell vegetables after she returns from school. She goes to school but works. She goes to school at 7o clock in the morning and returns at 11o clock. After that she works in the vegetable market till 4o clock. Mujhe sab kuch banana aata hai bhaat,dal,sabzi said by that small girl. After 4o clock she goes back to home cooks food and does household work and at night she studies after finishing all her days work. She is engrossed in her work so much the whole day that she do not have time to think that whether she likes anything to do or not. When was asked do you love watching t.v her smile faded away saying no i dont watch t.v neither she knew anything about the film stars for whom we were crazy fans at her age. Every child has a dream...An aspiration in life. When I was a kid I thought of becoming a doctor. But strange to hear this line from Salma maine kuch nahi banna chahti the expression which this small girl had while speaking these lines showed she did not know what she can become or have in life. She was happy with her work. Maturity was seen in her face when she spoke. A child of 11years is made to work and the work is such that she has no hope in life. Poverty has lead them to forget everything and has forced them to smile at what they have. Such categories of children who are studying and also working often remains off record. There is no use of taking education if the child is engaged more than half of the time at work. SMITA DASGUPTA XISS,RANCHI

BEHIND THE MIRROR.......... Kaun kaun si sabzi hai tumhare pass...................... Didi tamatar,mirchi aur nimboo...... a sweet voice spoke with an innocent face. The things which we see in front may not be what it is in real. We would see a girl selling vegetables happily but is the girl really happy doing the work? Or she wanted something else to do? Time and hardships of life teaches one to become mature enough where one searches her happiness but finally finds it behind the mirror where there is nothing to see. A girl found selling vegetables below the Rajabazar bridge, was very active in selling away all her vegetables. Her name is Ruksana. A girl of 12yrs seemed to be so much into her work that it seemed she had no other thing to imagine in life. Sometimes no proper education facility becomes a hurdle in the education of a child. This is the case with Ruksana who wanted to study,took admission in one of the school named Dudh khori but the teachers in the school did not teach properly so got disinterested and left the school for work. She studied there for only 1 year and 1 month before she left. On asking what did you study there she said bar bar sirf A,B,C,D padhaya jata tha...... . Thus we see that by building a school is not just the solution of providing overall education but the school environment should be conducive enough for a child to get quality education. There should be proper teacher student ratio and the teaching materials and methods should be attractive enough so that every child remains motivated to be in school and continue their study. She has 3 brothers and 3 sisters and Ruksana being the eldest had a lot of burden. Her mother needs to be at home in the morning while she comes and sell vegetables till 12o clock. Her father being a van driver stays mostly out. At her age one should be in school not working. Mujhe school jana bahut acha lagta hai par kya karu didi kam bhi to karna padhta hai she was filled with emotions when spoke these lines. VA East- RTE Campaign June 2011 Selling one handful of chillies at the cost of Re.1!!! what would that girl earn in a day.......When asked said didi ek din me do sau rupae tak kama leti hu. When ever we get money in hand we try to spend that money in buying our valuables but Ruksana did something different, what ever she earned she gives it to her mother. She cooks food for her family............she likes eating fish and gohst. She wants to play after work but cant manage her timing. She has no extra curricular activities......but loves listening to music. In the place like rajabazar where mostly every child is involved in working with their parents, the mother of Ruksana is found searching a school for her daughter where she would get good teachers. Still the child wants to bring her life in front of the mirror and see the real ruksana. BY: SMITA DASGUPTA XISS RANCHI Bangles or Books Mujhe bahut kam hai.. the voice was innocent and smart..he had come there to buy things for household work. He was so busy that he didnt have a single minute to waste rather he would go back to his place and start of with his work. While he was purchasing the goods we tried to talk to him. This young boys name is Mohammad Saif Ali . He lives far away from his parents and siblings, which showed that he was missing out on the warmth, care and affection of a family life. They all lived in Mulk(state). He here stays with his uncle who has a churi (Bangle) business and he works with his uncle in the factory. He is just 12 years old but seems to have seen life much more than us. He is much more focused in life not regarding studies but earning a living for his family. He lives in Narkeldanga and comes to the market for buying goods. He has 3 brothers and 2 sisters and younger brother is still studying but the question is how long? Because Saif himself left school when he was small and started to earn. Earning is so much important now a days that a small kid forgets every thing even his childhood. He is ready to sacrifice his skills, knowledge, dreams, and happiness in order to just earn some money. How different his life seems to be as compared to the normal school going kid of his age Whole day he works in the factory where by government it is said that working hour of a normal person is 9 to 5and he being a child firstly should not be made to work and given education till the age of 14. According to RTE Act ,A child above six years of age, who has not been admitted to any school, shall be admitted in the class appropriate to his/her age. Working should not be his aim rather than take education. He should not be found working in a bangle factory but getting proper education. In the busy streets of Raja bazar somewhere the childhood of Saif has lost and he is busy and accepted his life of whole day working ..Will he get it back again- those beautiful days of childhood? The answer we all know

By: SMITA AND TINA A faraway dream- a long mile to go.

A busy morning in the Raja bazaar market place. A predominantly Muslim populated area in North Kolkata, the place wears a dirty and overpopulated scenario. The environment has very little to cheer with small children running to and fro to do their daily chores of work under unsympathetic conditions. When these children should have been attending school they are busy working as child laborers to help their families make two ends meet. That day the sun was at its brightest and the heat was sweltering. Amidst the hustle bustle of the bazaar we found a small boy of 11 years inside a small dingy room without almost any ventilation, engrossed in his work. Clad in a vest and half pants, he was busy polishing shoes while his father and uncle sat making them. His name is Hari Kishan Kumar Das. Speaking comfortably in Hindi he said that he studies in class 5 of Vidya Pati Vidya Mandir, a government aided school. He originally hails from Ranchi but has moved to Kolkata with his father in search of better means of livelihood while his mother has stayed back in his native place. He has five sisters and he is the youngest child of his parents. His father is a shoe maker while his mother is busy doing household chores throughout the day. When asked about his daily schedule, he said that he goes to school in the morning which starts at 11am and ends at 3.30pm. Then he helps his father in polishing shoes which leaves him with very little time to revise his lessons of school. His face reflected a lot of maturity telling us about his hardships and struggles he has already faced at this young age which is very much unlike other children of his age. During vacations he is able to devote more time in helping his father. He toils throughout the day which leaves him hardly any time for fun and leisure. He loves studying English, Hindi and Maths. He neither likes watching television, nor is interested in singing, dancing or listening to music. But in the little free time that he gets, he loves playing football which is his favourite sport with his two best friends who stay nearby and also goes to the same school as him. After that short break, he again returns to helping his father. When we asked him about his future dreams his eyes immediately lit up and he said Main bada hokar English ka master banna chahta hoon. A little effort, sensitivity and a positive human approach towards their problems and conditions can ensure that their dreams are surely fulfilled someday.. Compiled by: Sreesha Sanyal, United world School of Business, Kolkata.

Lost childhood.

Childhood is the beautiful of all lifes season (Author anonymous). But it is sadly not true for every child. Meet 11 year old Mampi, busy serving tea and hot alu chops with her little hands to the numerous customers visiting her fathers small tea stall in the crowded Ballygunge Station area. This area is infested with vendors carrying a variety of goods, domestic helpers and a thousand people who commute from the suburban towns to Kolkata. It is a very densely populated area with busy activity always. Mampi hails from Mathurapur which is near Lakshmikantapur in South 24 Parganas, and has moved to Kolkata along with her parents and younger brothers, one year back in search of better means of earning. Her father runs a tea stall while her mother works as a domestic maid in the nearby apartments. Her two younger brothers go to school and are in classes one and three. When asked about her schooling, she said that she used to attend primary school in Mathurapur but was not enrolled in a school here in Kolkata. She said she loved going to school and enjoyed her cycle ride which her father used to give her on the way to school. She had friends there and used to play skipping during recess. Now she says she misses school a lot but with a matured look says that helping her parents run the family is very important too. She loves watching the television and hums the songs of the latest tollywood movies. She helps her father in the tea stall and later helps her mother in cooking, washing utensils and collecting water from the common tap. She sometimes gets a little money from her father to buy her favourite ghoogni from the vendors that come to her slum. When asked what she wants to become in the future she says Jani na.., that is she does not have any dreams. A child of her age should have a carefree and fun filled childhood away from tension and worries but sadly it is exactly the opposite in Mampis case. She has prematurely matured due to circumstances beyond her control. With the passing of the RTE act, 2009 it was stated that there should be free and compulsory education for all children within the age of six to fourteen years. The story of Mampi however brings out other issues such as poverty which is preventing the successful implementation of the Act. It has been a long time since the Act has been passed but it has not been fully put into action because a large number of children like Mampi are toiling as child laborers and not attending school. If every child has equal rights, then this inequality amongst them should not persist. Compiled by:Sreesha Sanyal, Unitedworld School of Business, Kolkata.

KYA AAP ISKO NAUKRI DENGE?? Our life has become so mechanized that we hardly give a thought why some people have to start their earning at an early age of 14 and much before!! When I was 14 I was so much surrounded by the care and protection of my parents and hardly did any household stuff. All my wishes were fulfilled. Now imagine what if you were asked to quit your study, sacrificing your likes and start earning for your living. Its tough. This is the story of a young boy, selling mango sitting beside busy road of Raja bazaar under the blazing sun. His hairs strands were dry and rough. He was wearing an old shirt and a lungi. He was there waiting for his customer along with a man which he addressed as his uncle. I tried to interact with him......Bhai aam kitne ka?( what is the price per kg?) He replied solaah rupiya (Rs 16) I purchased 2 kilos and tried to continue my talk. I asked- bhai naam kya hai aapka?( what is your name brother?) He replied RAJ I asked kaun se school mein padte ho? (Which school do you study?) He replied hurriedly- maen school nahi jata( I dont go to school) Actually he has never been to school. In a country where education is free under the RTE Act, still there are people who could not afford to go to school because somewhere their life demands that there are much more important things in life then going to school. Does this means he need not go to school? He is 14 yr old, helps his uncle to sell mango. His main earning is by making choodi (bangles) with his three brothers. His weekly earning is Rs 1000/-. Though he has started earning for the family does it not make you think that he is losing his childhood for his living? Do you think there is an option for him? As I was trying to continue further, a man came and interfered angrily - kya aap isko naukri denge?? ( will u give him a job) Is elaake mein bohut saare ese bacche mil jayenge jo kaam karte hain. If people like him who are the localite says this, just imagine what is the actual of scenario of child labor in raja bazaar area. By: Tina Mili Unitedworld School of Business, Kolkata. MERA BHI TO ADHIKAAR THA. The most innocent phase in human life is the childhood. It is that stage of life when the human foundations are laid for a successful adult life. It is the phase when we are carefree, fun-loving, learning, playing.. And how wonderful to have grown up with such carefree abandonment while we had parents, grandparents and others looking after us. But, this is the story of not too many children. Early morning when every child in the locality was hurrying for their school, this one girl was helping her father in the Beil juice shop by the busy streets of raja bazaar. Buses are running and people were in a rush on the street. Amidst all the noise we saw, a small girl in a pink salwaar kameez sitting in a corner with a sack full of Beil. She was struggling with the sack finally she managed to take out the Beil from the sack and started peeling it off. She is HIRAL, a 10year old girl. She was peeling off the Beil fruit like an obedient student. She was doing her work without any question. Everyday she helps her father in the morning and takes care of the household in the evening with her sisters. She said she does not like cooking nor did she learn which depicts the innocent nature of a child. Her elder sister does it all. She takes care of her small sister and plays with her. Her mother died giving birth to the 7th child!!!.she is the 6th. Life becomes very tough to spent childhood without mothers love and care but still Hiral is trying to manage and live life to the fullest. She always dreamt of going to school as her sisters did but never been to. She said after her mothers demise it has become hard to go to school moreover the financial condition never gave a real opportunity to acquire education. This is where government policies fail to provide a cheerful life and quality education. Despite her interest she could not move forward for her rights. Absence of the care of mother has made her far matured than any young girl of her age. When I asked her - aapko kya karna pasand hai? She shyly replied mujhe pata nahi (I dont know) Her childhood is somewhere endangered in midst of her faith. She hardly recognizes her likes and dislikes. It looks clearly that she has accepted lifes gift of hardship so sweetly. Their only living is by selling Beil juice. She wanted to see new place. Her two elder sisters are married. Others are yet to get married. Will her father be able to manage??? Is marriage the ultimate option??....think.... By: Tina Mili Unitedworld School of Business, Kolkata. Selling lemons and a dream

Rajabazar, is composed of wards 29,28 and32 of the Kolkata Municipal Corporation which were created in 1909. It is a densely populated area with crowded lanes and alleys in North Kolkata, with a predominantly Muslim(Sunni) population, which houses some of the poorest people in the city. The area is plagued with issues such as poverty, lack of sanitation, and child labour. However even amidst all the hustle-bustle on the Narkeldanga flyover it is hard to miss the sight of a 13 year old sitting with his back to the flowing traffic on the road, trying to sell lemons. Meet Moeed Alam, a resident of Rajabazar, a student of Momin High School and one of the many children who are forced to work to earn a living. Each and every person has a different story to tell of his life and Moeed who is a class 7 student of the local government school, shares a tiled house with his 8 siblings and parents. While his father drives cycle vans, his mother is a housewife and almost all his siblings work in someplace or the other, trying to contribute to the family income. The first question which comes to the mind is how much does a child earn by selling lemons all day? According to Moeed, his daily earning varies between 40-50 Rs per day, which is a meagre sum, and needless to say, insufficient to allow him to spend on anything he wants. The word school however brings a smile to his gloomy face, as he professes his love for knowledge and describes how his father pays the annual school fees dutifully. While speaking with him, one learns of the many discrepancies which exist in the government school which does not provide the stipulated mid-day meals and free books and charges admission fees. However these problems do not deter him in the least as he states that despite the shoddy infrastructure and corruption, the school offers a beacon of hope to escape this poverty. He aims to become a teacher and help in the education of his neighbourhood, but one can only look and wonder at the steely conviction and grit of reaching ones goals. By: Adhiraj Gupta, National Law University Orissa

Will the State ever be able to match our aspirations?

Life at times can be very cruel and unforgiving and people usually crumble under the weight of these two. In these circumstances one would expect a person to grumble and complain of their life, but what if that person had no one to share his pain with? Tauqeer Alam happens to be one such person, a class 5 student of Momin High School in Rajabazar, and a child who is forced to work in his fathers business to supplement the family income. He shares a home with his parents and elder brother, who incidentally, was forced to drop out of school due to financial constraints. His father sells shoes and sandals on the pavement while his mother is a housewife, and his brother works as a helper in one of the grocery stores nearby. The sight of a 11 year old sitting in the midst of meat and vegetable shops, trying to sell sandal straps is heart wrenching and a glaring example of the inequality prevalent in our country. Tauqeer is too young to decipher how much he and his father earn in a day, but with the help of the surrounding shopkeepers, one can gauge it to be around 150Rs per day. It must be borne in mind that this is not his income but the income of his father and one can only imagine how they sustain themselves with such a small amount. Naturally he does not get any money to spend on what he wants but this does not bother him as he has bigger aims in life. He doesnt remember the number of hours he works on an average but he puts it in his own way Agar chutti hota hai to subah bhi kam karna padhta hai, varna school ke din mein sirf sham ko thoda kam karte hai Dressed in a dilapidated grey t-shirt and black shorts, he looks out at the world with his large black eyes and tries to smile. School seems to be a magical word for him as he launches into a description of his favourite place. Mujhe bahut acha lagta hai school Jane mein, Mere bahut sare dost hae school mein, School ke teachers students ko sambhal nahi pate hai. In his opinion the lack or proper teachers and facilities discourage the students from going, and then there is the famous dialogue: bade hoke to phir yahi kam karenge, phir aur padh ke kya fayda? Their logic is hard to defy and the only question left is whether the state can match up to Tauqeers expectations. By: Adhiraj Gupta, National Law University Orissa The experience they have never had It is often very hard to imagine a world where high-rises and slums can exist side by side on the same road, but that is the ugly truth about Indian society. A society which is characterised by extreme inequality and numerous divisions of caste, class, religion and gender, it is to be expected that peoples lifestyle would also be very different. While some people can afford the best education money can buy, the others are forced to depend on the local government school. It has been said that life is full of sorrows and delights, but both are never there in equal measure, sometimes there is more sorrow in life and sometimes there are more delights. For Mohammed Zubair a resident of Rajabazar, it has been the former. The 13 year old dropout of the local government school (Momin High School) lost his father when he was just 12 years old, and was forced to leave his studies. He shares a house with his mother and 8 siblings, (4 brothers and 4 sisters) and needless to say, he states that it is difficult to sustain such a large family. In a country where the right to education is a fundamental right and where every child between the age of 6-14 is to be provided free and compulsory education it is indeed disheartening to hear stories such as the one of Mohammed Zubair. Wearing a faded Argentina jersey and shorts, his mood lifts once we start discussing about his schooldays. School was fun, there wasnt much space to play but my friends and I used to think up new games we could play in the small classrooms. In his opinion the teachers were not adequately trained and that is used to reduce their excitement in going to school, due to the lack of prospects of learning something new... As he starts handling customers at his small daily shop, he thinks ruefully of his school life, and his dream to continue with his studies someday. His daily earnings vary between 150-200 Rs per day and does not leave anything for him to spend on his own desires. Though his younger siblings are all going to school at present, it is only a matter of time when they also will be forced to drop out of school due to economic constraints. Hence though the government is providing free education, one can see that there are certain other things which need to be made free so that children can enjoy this free education. By: Adhiraj Gupta National Law University Orissa

Conclusion:-The researcher feels that Child labour is a curse to the Indian society as well as our economy. We are in 21st century and we are taking about what we have achieved in the field of Science and technology, Space, Economy etc. We think our self as the second most powerful nation in Asian reason after China. But this is the time to think about us what we have achieved till now:1) No. 2nd from top in case of Child Labour after Africa.2) No. 1 from top in case of prostitution.3) No.