– Sushil Pandey
Childhood scorching in the oven of labor in the age of reading and writing can be tragic for anyone. After all, which parent does not want their son to become a well-educated citizen and builder of the country. This is when national laws and policies against child labor are in effect in India. The Constitution of India (26 January 1950) states through various sections of fundamental rights and Directive Principles of State Policy- No child below the age of 14 years shall be employed to work in any factory or mine and shall not shall be employed in any other hazardous employment (Section 24). The State shall lay down its policies in such a manner that the health and potential of workers, men and women, are protected and that children are not exploited from their young age and enter into work unfit for their age and strength for the sake of economic necessity (Sec. 39-E). Children shall be given opportunities and facilities to develop in a healthy manner, in conditions of freedom and dignity and childhood and youth shall be protected from moral and material abuse (Section 39-F). The State shall endeavor to provide free and compulsory education to all children up to the age of 14 years within 10 years from the commencement of the Constitution (Section 45). Child labor is a subject on which both the federal and state governments can legislate.
The federal government has also made laws in this regard. Prominent among these are the Child Labor (Prohibition and Regulation) Act, 1986. The law prohibits the employment of children below the age of 14 years in 13 occupations and 57 processes deemed to be injurious to the life and health of children. These businesses and procedures are mentioned in the Schedule to the Act. The second is-Factory Act 1948. This law prohibits the employment of children below the age of 14 years. Juveniles in the age group of 15 to 18 years can be employed in a factory only if they have a fitness certificate from an authorized medical practitioner. In this law, the working hours of children between 14 and 18 years have been fixed for four and a half hours every day and they have been banned from working at night.
A significant judicial intervention in action against child labor in India came from a 1996 Supreme Court judgment that mandated the federal and state governments to identify, remove, and provide quality education to children employed in hazardous processes and occupations. instructed to do. The country’s highest court had also ordered that a Child Labor Rehabilitation cum Welfare Fund be set up. In this, the contribution of the employers who violate the child labor law should be used. Child labor is such a vicious cycle, which takes away the right of children to go to school. Does not allow generation after generation to get out of the cycle of poverty. According to the 2011 census, the number of child laborers in India is 1.01 crore. There are 56 lakh boys and 45 lakh girls in this. Around the world, 64 million girls and 88 million boys are estimated to be child laborers. If this estimate is to be believed, one out of every 10 children in the world is a child labourer.
However, there has been some reduction in the child labor rate over the years. Despite this, children are still being employed in some difficult tasks. For example, bonded labour, child soldiers and prostitution. Child labor can be seen working in various industries in India. There are many reasons for child labor and exploitation in the country. These include poverty, social norms, lack of opportunities for adults and adolescents to do decent work, migration, etc. All these reasons are not just the reason but the result of social inequality arising out of discrimination. Now it has been proved that child labor is a big hindrance in education. This adversely affects the attendance and performance of children in school.
Child trafficking is a bigger curse than child labour. Child labor and exploitation can be prevented with an integrated approach and community efforts. Voluntary organizations and teachers can play an important role in this. UNICEF, together with the government and private agencies, prepares the necessary policies in this regard. The time has come that we need to reject the cultural acceptance of child labour. Global discussions on child rights continue at various levels.
It has been discussed many times in the United Nations Convention. The Indian Primary Teachers Association and Education International have recently taken a pledge to get the country’s school children out of the vortex of labour. This international initiative has been discussed by academicians from all over the world. Mrs. Susan Hopgood, President of Education International, said, India is the country with the largest number of child laborers in the world. In these, the increase in the number of school going students is worrying. Eliminating it is an important challenge. Despite the efforts of teacher organizations and the government, such a situation is giving a serious signal. It is noteworthy that in 2009 the Right to Education Act has been passed. It provides for free and compulsory education. Hopgood expressed surprise that there was no concerted effort for effective implementation of the Act.
(The writer is National Vice President of All India Primary Teachers Association.)
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