recent case study on child labour in india

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Child labour in India: a persistent problem

Although the Indian government has signed up to the UN’s goal of eliminating child labour in all its forms by 2025, an influential Parliamentary committee has warned drastic action is needed to meet the commitment.

Although India has passed legislation prohibiting both child and bonded labour, the stark reality is that the country is making slow progress towards its goal of eliminating these deplorable practices.

A Parliamentary Standing Committee, led by senior Biju Janata Dal (BJP) MP Bhartruhari Mahtab, submitted a detailed report on the implementation of the central government’s policy aimed at tackling and eliminating child labour in Parliament on 20 December. The report, National Policy on Child Labour – An Assessment , warned that it is “practically not possible” for India to meet the commitment made by the international community as part of the United Nations’ Sustainable Development Goals (SDGs) to eliminate child labour by 2025.

Credit: iStock, Vardhan

Ambiguity in the law The report, from the Parliamentary Standing Committee on Labour, Textiles and Skill Development Committee, added that India needs to introduce a uniform legal definition of a ‘child’, as there was ambiguity in the definition of a ‘child’ under various employment laws. It also concluded that, although India has ratified various International Labour Organisation (ILO) conventions on the prohibition of child labour, the government has a long way to go to achieve its commitment to ending all forms of child labour in the next few years.

The committee therefore called on various central and state government ministries to take coordinated action to tackle child labour, including amending policies and laws aimed at banning the practice.

The committee warned that discrepancies in the definition of a ‘child’ under India law needed to be clarified to better protect children from exploitation and make it easier to bring prosecutions and other action against those who illegally employ children.

For example, the panel noted that under the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 (CALPRA), a ‘child’ means a person who has not completed their 14th year of age, or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is more.

Meanwhile, the Right of Children to Free and Compulsory Education Act 2009 defines a ‘child’ as a male or female aged six to 14 years, while the Minimum Wages Act, 1948 – via a 1986 amendment – classes a ‘child’ as a person who has not completed their 14th year of age.

However, the Juvenile Justice (Care and Protection of Children) Act 2015 (JJ Act) defines a ‘child’ as a person who has not completed 18 years of age, and the term ‘adolescent’ is not defined in the JJ Act 2015.

The committee added that the Rashtriya Kishor Swasthya Karyakram under the Ministry of Health & Family Welfare – a community-based health prevention programme aimed at educating and supporting adolescents on health issues such as good nutrition, sexual and reproductive health and mental wellbeing – defines an ‘adolescent’ as a person aged between 10–19 years.

The panel further noted that the employment of children in contravention of the CALPRA Act is a cognisable offence – where the police can make an arrest without a warrant and start an investigation without the permission of a court, making it easier to pursue and prosecute offenders.

In contrast, under the JJ Act, 2015, illegally employing a child is a non-cognisable offence, where the police cannot arrest the accused without a warrant and cannot start an investigation without the permission of the court, making it harder to investigate and prosecute those who illegally employ or exploit children using this legislation.

The panel therefore says the central government should examine discrepancies in the criteria for determining the age of a child in the various laws. They also urged ministers to investigate whether the situation where the offence of illegally employing children is cognisable under the CALPRA but non-cognisable under the JJ Act is resulting in ambiguity and delays in ensuring justice for children who are exploited through illegal employment.

Tougher punishments The committee added that punishments for illegally employing children should be made be tougher to provide a greater deterrent. In particular, they called for the fine for breaching the CALPRA 1986 to be increased by three to four times the current level, and for the authorities to be given the power to cancel the operating licences and registrations of businesses, and seize their property, if they are convicted of child labour offences.

The panel added this may require amendments to the CALPRA, “which the [Union Labour] Ministry should pursue in order to have zero tolerance on child labour”.

The parliamentary committee also warned that some businesses outsource work to contractors, who in turn employ children, allowing the main business to avoid legal responsibility. As a result, they say teh law should be changed to ensure that principal employers can be held accountable if they fail to take appropriate steps to ensure their contractors are not illegally employing children to undertake work for the main business.

The committee added that although around 200,000 children engaged in child labour have been rescued in the past five years, very few First Information Reports (FIRs) for potential child labour offences have been registered by police. An FIR is the first step towards beginning an investigation and eventually taking a possible prosecution for a cognisable offence like illegally employing children.

The panel therefore suggests penalising police officers for not registering FIRs for possible child labour offences, similar to the penalties officers potentially face for failing to register FIRs for alleged sexual offences against children under the Protection of Children from Sexual Offences Act, 2012.

Improve economic prospects The committee also made a number of other recommendations for government aimed at eliminating child labour, arguing that improving the economic prospects of lower paid workers and families can help prevent child labour. For instance, the panel said the Housing Ministry should ensure that construction workers receive their full entitlement of social security and legal benefits, as this will remove the need for them to employ their children to work alongside them or to send them to work for building contractors.

It also said that the annual financial assistance given to a family of Rs 6,000 per child has not increased in the past 14 years and the number of Anganwadis – centres that provide basic health care to children in rural areas – is inadequate. The committee therefore called on the central government to both increase the financial assistance given to families with children in line with inflation and the number of Anganwadis.

Although the committee’s recommendations are not binding, they carry a lot of weight and received significant media coverage. Also, the report is a grim public reminder that child labour remains a serious issue affecting millions in India, robbing children of their childhood, education and futures. 

According to the 2011 Census, the most recent one carried out in the country, there are about 10.1 million working children between the age of five and 14 in India, working either as a ‘main worker’ or a ‘marginal worker’. In addition, more than 42.7 million children in India are not in education.

However, the committee’s report does note a reduction in the number of working children, from 12.6 million in the 2001 census to 10.1 million in the 2011 census.

Widespread poverty Although the Indian economy has grown significantly in recent few decades, poverty remains widespread, and commentators say this remains the main reason why children are forced to work and leave school before the legal minimum age. For poor families, struggling to meet their basic needs, forcing their children to work at business establishments is a way of obtaining desperately needed income.

However, these children endure unimaginable hardships, often work in hazardous environments, are subjected to exploitation and are regularly deprived of their right to education. They are the victims of poverty, inequality and a lack of opportunities, and many are also in danger of being fatally injured at work.

Children belonging to poor families are often found working in a variety of industries, such as brick kilns, carpet weaving, garment making, domestic service, food and refreshment services (such as tea stalls), agriculture, fisheries and mining.

According to a report by the Kailash Satyarthi Foundation, and the 2011 census projections, India will have 7.8 million child labourers in 2023, comprising a male–female ratio of 57 per cent and 43 per cent respectively.

Although the reduction in the annual rate of child labour in 2001–11 (–2.01 per cent) was greater than in 1991–2001 (–1.16 per cent) and 1981–91 (–1.88 per cent), India continues to have an unacceptable level of child labour.

Media reports of child worker deaths Commentators say that although the introduction of the Child Labour (Prohibition and Regulation) Act in 1986 (with amendments in 2016), and the Right to Education Act 2009, which guarantees children between the ages of six and 14 the right to free and compulsory education under the Indian Constitution, was a step in the right direction, children in India remain extremely vulnerable to becoming victims of bonded and forced labour.

The media regularly reports stories of children being killed or injured while working illegally, including after being encouraged or coerced into illegal work. For instance, the newspapers recently reported the story of 14-year-old Alok, who lost his life while working as a lift supervisor at an air cooler factory in outer Delhi’s Bawana Industrial Area. Alok would accompany his mother to work at a factory on the days he didn’t feel like going to school, and would look after his younger sister while his mother worked inside the plant.

The factory supervisor had previously asked Alok to work at the plant, arguing it was a way for the teenager to earn some easy money, although his mother was reluctant to allow it. However, on the fateful day of the accident, Alok was asked to operate a makeshift wooden lift while his mother was on a toilet break. “It is a task that requires expertise and training. How can you send a 14-year-old to operate the lift?” asked an eyewitness, according to a news report in The Quint .

The lift operator’s job is to pull the roller wires in a grinder box. However, Alok had not been trained to safely operate the system, and after he opened the box and tried to pull the wires, he accidentally slipped and fell into the elevator shaft from the second floor of the plant. He was crushed to death when the elevator came up from the ground floor.

Following the fatality, a member of the Bawana Industrial Workers Union claimed that most unauthorised factories in the area heavily rely on children for their day-to-day work and children aged 10 to 15 years old are regularly spotted working in these businesses.

“They work overtime and are paid less, earning Rs 5,000-6,000 a month. Labour laws exist only on paper,” he said.

The Child Labour (Prohibition and Regulation) Act, 1986 prohibits the employment of children in certain occupations and processes, and regulates the working conditions of children in certain industries. In addition, Article 24 of the Indian Constitution prohibits the employment of children in factories, stating: “No child below the age of 14 years shall be employed in work in any factory or mine or engaged in any other hazardous employment.”

However, these laws are frequently flouted, and the likes of Alok end up paying a deadly price.

Global rise in child labour According to a 2021 report by the International Labour Organization (ILO) and UNICEF, 160 million children worldwide are caught in the web of child labour, representing a distressing statistic of one in 10 children.

The report warns there has been a significant rise in the number of children aged five to 11 years in child labour. Also, the number of children aged five to 17 years in hazardous work – defined as work that is likely to harm their health, safety or morals – increased by 6.5 million to 79 million in the period 2016–2011.

UNICEF states that children are still subject to severe forms of child labour, such as being forced to become child soldiers, being trafficked for work purposes and sexual exploitation, and bonded labour, where employers give high interest loans to the parents of children and in return the child (and frequently other family members) are required to work at low wages to pay off the debt.

Target to end bonded labour ‘also unlikely’ Meanwhile, India will not only miss its 2025 target of eliminating child labour, but also its 2030 target of ending bonded labour.

In July 2016, the central government declared in Parliament that as part of its 15-year vision to achieve “total abolition of bonded labour”, it would identify, release and rehabilitate around 18.4 million bonded labourers by 2030.

Government statistics show that 315,302 people were released from bonded labour in the 45 years between 1978 and January 2023, of which 94 per cent (296,305) were rehabilitated.

However, the statistics also show that, since the 2016 declaration, only 32,873 people have been released from bonded labour, a yearly average of 4,696. According to data analysis by the news website IndiaSpend , this would mean that at the same annual rate, by 2030, the government would have achieved only two per cent of its 18.4 million target, leaving 18 million Indians in bonded labour.

The 41st report of the Lok Sabha’s Standing Committee on Labour, Textiles, and Skill Development 2022-23, published in March 2023, found that despite regular advice from the Ministry of Labour and Employment to states and union territories urging them to identify districts suitable for surveys and related initiatives aimed at supporting the welfare of bonded labourers, there has been a lack of tangible or substantial progress in national and local efforts to eliminate bonded labour.

“The committee, therefore, impress upon the Ministry to reinforce their coordinating and monitoring mechanism so as to ensure eradication of this social evil,” concluded the report .

“The committee desires that the Ministry intensify the efforts towards establishing the National Portal on Bonded Labour so that the welfare measures prescribed for bonded labour are well disseminated, and benefits are truly and accurately extended to them.”

The National Human Rights Commission of India (NHRC) defines bonded labour (sometimes known as debt bondage) as a form of slavery, stating it has persisted for centuries.

Bonded labour is defined as when an individual’s labour is requisitioned as a means of repaying a loan.

Although not all bonded labour is explicitly forced, the majority of forced labour practices, whether involving children or adults, exhibit characteristics associated with bonded labour.

Studies indicate that the prevalence of bonded labour is a significant issue within the informal sector of the Indian economy.

A 2018 study,  Assessing Budgetary Priorities for the Rehabilitation of Bonded Labour , by Jawed Alam Khan and published by the Centre for Budget and Governance Accountability, states: “Initially concentrated in agriculture and allied sectors, bonded labour has now extended its reach into various non-agricultural domains, reflecting shifts in industries and occupations over time.” The study underscores that approximately 10 per cent of India’s workforce comes under the classification of bonded labour, with women and children constituting a large chunk of bonded labourers.

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• child labor

Judicial View on Child labour

This article is written by Shreya Tripathi of  Banasthali Vidyapith, Jaipur. In this article she has discussed Judicial Review on Child labour with landmark cases.

Introduction

“There is no greater violence than to deny the dreams of our Children.”

-KAILASH SATYARTHI

In today’s era, few issues attract the same amount of popular attention in developing countries like Child Labour. The International Labour Organization (ILO)  states that many children are engaged in Child Labour worldwide . And nearly all these have made laws to protect children from the whimsy of the labour market and to promote school participation.

India in many ways personifies the contradiction. The world’s largest democracy has a most powerful legal framework with the express intention to end child-labour and yet it appears that India is witnessing the maximum incidences of child labour in the World. There are about 300 Central and State Statutes concerning children to protect and help them in furtherance of the main motive of child labour welfare in our National charter. India follows the policy of pro-activism in tackling the issue of child-labour.

The study for children in general and child labour, in particular, is depicted through the Articles of the Constitution of India. And the Indian Judiciary is carrying forward the similar spirit. The contribution of Indian Judiciary with regards to child labour is highly commendable and it has in a real sense brought the revolution in the field of child labour in India. Indian Judiciary has played a crucial role to curb the problem of child labour and has manifested its concern for child labour by guiding job or action under the court’s order by the direct application of constitutional provisions. It has marked landmark judgments for deleting the issues of child labour in India.

With regard to child labour in India, Justice Subba Rao, the former Chief Justice of India, rightly remarked; “Social justice must start with the child. Unless a soft plant is properly sustained, it has a pocket chance of multiply into a strong and useful tree. So, the first preference in the plate of justice should be stated to the well-being of children .

Historical context

The issue of Child Labour has always persisted in some form or the other in all societies of the world. Children were expected to accompany their parents while working in the field and to help with household works. But most of the work was being done under the check of the parents, instances of exploitation were rare and even today this sort of work is not considered exploitative.

The worst forms of manipulation of children commenced during the Industrial Revolution in India. It was at this period that machinery took above many tasks back executed by hand and was concentrated in huge factories. The holder of these factories understands that handling these machines did not need adult strength, and children could be rent for the work in much more inexpensive than adults.

In India, in the agriculture sector child labour has always existed. Children and their parents used to work together on the farms. Moreover, the duty of taking livestock to feed consistently assigned to children. Although this task was tough and fatigue, it did not marshal to a aggravate of their future anticipation. School facility was not available in the majority of the villages and still, people were earning money by working in the field. So this work served as training for their future. With the begin of British arrival more and more child exploitation increased in India. As the Industrial sector was established so child work made a force to work in an inhuman condition with no wages. Laws against child labour were passed under the Employment of Children Act of 1938. These strive at legislation unsuccessful as they failed to address the root seed of child labour in India- poverty. Until and unless the public was driven out of poverty, it was next to impossible to withdraw the children out of the labour force.

Role of stockholders

The researchers have further classified the role played by different stakeholders in society to eradicate child labour. The stakeholders are divided into four heads which are described hereunder:

Ever since the period of independence, the government of India has taken several steps eliminating the risk of child labour. There has been specific legislation aimed at curbing the problem and punishing the offenders. Several social programs were conducted for the purpose of rehabilitation for children who were now free from the child labour run at the Central and State level. In recent upcoming years, the main emphasis is given on giving basic and primary level education to every child.

In 1979, the first statutory committee was formed at a Central level to examine and inspect on the subject of Child labour in India and the title of the committee is the Gurupadswamy Committee. The board was also mission with framing definite recommendations to check child labour. Taking into account the holding and suggestion of the Gurupadswamy Committee, the Union Government approved the Child Labour (Prohibition and Regulation) Act in 1986 . The Act forbids children from being employed in particularly hazardous occupations and at the same period adjust their working condition in other non-hazardous occupations and operation. And a lot is being done in the present time by bringing a number of legislation and regulations to tackle the issue of child labour.

In a country like India, Media can play a proactive role in bringing about behavioural change in masses. Role of media has always proved to be decisive in democracy as well as the socio-economic development of the country. Mass-Media can present chief and notable role in putting such as child labour on public and political agenda. Media can take various forms.

• Mass Media (Audio-Visual)- Mass media is important as it has the ability to communicate effectively with a huge amount of people at the same duration. This medium leaves the audience with an image, which has more shelf life than a text or only a voice-driven message. This also increases the credibility of the message being delivered. The barrier of illiteracy is removed and the communication can be understood by all – literate as well as illiterate. Though it is an expensive medium considering its reach and speed is a suitable medium to meet the objectives. The other advantage of this medium is the imagery created. Media innovations and strategic buying of media can help in optimizing the results. This medium is most effective in delivering a simple, clear and focused message. Communicating a lot of information using this medium has high-cost implications and can create confusion.
• Mass Media (Print media)- T his is an effective medium as it, too, reaches a huge amount of people in the same period. Further, this is a credible and relatively less costly medium. The existence of various vernacular print mediums also helps us customize the communication as per the language understood by the people. This medium is useful in giving detailed information but to optimize the impact of the communication the focus should be on the key message. In the use of print media, the use of visuals is more effective. This media has restricted use, only among the literate audience.
• Traditional Media (Street theatre, puppets, storytelling, folk dances etc.)- The main advantage of this medium is that communication can be customized as per the audience need by using local jargon and slang. Familiar messages and situations can be selected to generate empathy. This medium is more personally relevant than another medium. One can use local talent and involve the community. It has the potential to be self-sustaining at low/no cost. It helps in stimulating discussion of topics among families, friends, neighbours etc. within the community. The restricted reach is a problem coupled with the need for training and support to such media at the local level.

Non-governmental organizations(NGOs)

NGOs are constantly sensitizing trade organizations to finish this social wrong, and locals have been made watchful to disclose an example of child labour at businesses. Delay in schooling and due to lack of parental care creates a negative environment where a lot of activities are taking place such as human trafficking and enrollment of uncontrolled activities for labour growth, which means NGOs intervention cannot be undermined. While civil society has sworn to join and wind-up child labour, there is a flat powerful requirement to make this a people’s issue. Officers and government can only formulate the policies relating to issue but ignoring abuse each day of a child will lead to attack at the individual level also.

There shall be active participation of local people. Individuals should grow the capacity to act towards a common perception. They are supposed to think critically and creatively in taking action. Every individual should recognise and enact to taking power for the outcomes. A local person has a vital act to play as they are resourceful in taking initiatives and finding solutions. There are many methods to assist and every work that depress this inhuman use, no matter how tiny, will go a prolonged way. Every individual can contribute in dealing with this issue by adopting the following practices:

• Be a conscientious consumer.
• Educate yourself on the laws.
• Use the fear of retribution for good.
• Be vigilant and report abuse.
• Spread awareness among the parents of child labourers.
• Volunteer with some pioneer movements or organization to eradicate child labour.
• Ensure a child labour free community.

Judicial inroads

The Courts of India have proved themselves to be the torchbearer of progressive attitudes towards Child Labour . Courts acted as Harbinger for this issue. The authors have classified the last 34-year court decisions on Sanitation issues & narrated hereunder:

The First Period, 1982 – 1992

• In Peoples Union for Democratic Rights vs. Union of India :  Commonly known as ‘Asian workers case’, it was escorted to the notice of the Supreme Court that children under 14 years of age employed in the construction activity. It was said that construction activity is plainly a dangerous work and it is definitely important that the employment of children above the age of 14 years must be restricted in every kind of construction task. Cite to Article 24, Justice P.N. Bhagavathi and Justice Bahrul have held that “apart from the need of International Labour Organization Convention No.59, we have Article 24 of the Constitution which even if not attend up by suitable legislation, must “Proprio vigour” and construction act plainly and absolutely a hazardous employment, it is open that by ground of constitutional prohibition no child under 14 years can be allowed to be unavailable in construction work”.
• In Francis Coralie Mullin vs. Union Territory of Delhi : The  court held that Article 21 covers protection of health and strength of workers, men, women and minorities of children versus abuse. According to the court, the occasion and services for children to grow and build in a healthy way and in order of freedom and decorum and educational benefits.
• On 25 April 1984 in Laborers Working on Salal vs. the State Of Jammu And Kashmir a bench of Justice P Bhagwati, R Misra directs “ That no child under the age of 14 years is employed by any contractor/sub-contractor on any factories in the schemes. In case any child labourer is included by any contractor/subcontractor prompt orders for their break should be furnished forthwith and an outline report provided to the sanction”.
• In Bandhua Mukti Morcha v. Union of India and others, Justice Bhagwati remarked that “it is a problem which needs urgent attention of the Government of India and the State Governments and when the Directive Principles of State Policy have obligated the Central and State Government to take steps and adopt measures for the purpose of ensuring social justice to the have-nots and the handicapped. It is not right on the part of the concerned governments to shut their eyes to the inhuman exploitation to which the bonded labourers are subjected”. It is therefore essential that whichever be the State Government it should, where there is bonded labour, admit the existence of such bonded labour, and make all possible efforts to eradicate it. By doing so, it will not only be performing a humanitarian function but also discharging a constitutional obligation and strengthening the foundations of participatory democracy in the country”.

The Second Period, 1992 – 2002

• In Sheela Barse v. Union of India , the  court held “it was held that child is a state blessing, and it is the responsibility of the state to focus behind the child with a perspective to guarantee proper development of its personality. Judicial institutions have played an essential  role not only for fixing issues but also has regularly attempt to grow and expand the law so as to answer to the desire and dreams of the people who are looking to the judiciary to give life and fulfilled to the law”.
• In the year 2002, In TMA Pai Foundation v. Union of India , “The court provided that, it is the fundamental duty of a parent or guardian to provide opportunities for education to his child who is under the age of 14 years. In completion of this development in the sector of education accept it as a fundamental right, the Parliament has enacted the Right of Children to Free and Compulsory Education Act, 2009 which impart for free and compulsory education to all the children of the age of 6 to 14 years”.
• On 10 December 1996 in M.C. Mehta vs State Of Tamil Nadu And Others , a bench of Kuldip Singh, B.L. Hansaria, S.B. Majmudar observed, “Taking advice therefrom, we are of the vision that the affront employer must be demand to pay compensation for every child employed in violation of the provisions of the Act a sum of Rs. 20,000 and the inspectors, whose arrangement is envisioned by Section 17 to secure consent with provisions of the Act, should do this task. Under Section 17 inspector scheduled to examine that each child employed under violation of this act, each concerned employer will pay Rs. 20,000 given amount will be deposited in a fund to be known as “Child Labour Rehabilitation-cum-Welfare Fund” .
• In Bandhua Mukti Morcha v. Union of India and others , “public interest litigation was filed alleging employment of children aged below 14 in the Carpet Industry in the State of Uttar Pradesh. Reports of a Commissioner/Committee appointed by the Supreme Court confirmed forced employment of a large number of children, mostly belonging to SCs and STs and brought from Bihar, in carpet weaving centres in the State. It was held by the Court that the State is obliged to render socio-economic justice to the child and provide facilitates and opportunities for proper development of his personality”.
• On 6 June 1997 in A. Srirama Babu Vs. The Chief Secretary, a bench of V M Kumar court has observed, “This needs a relook and an abolition of such difference would certainly go a long way in increasing employment potential for grown up and dissuade the employer from employing child labour”. So it is essential that the state should step in to retard the trend to employ child labour and directs that the State shall take every step to educate the people to prevent child abuse and child labour and the State should create a separate independent department concerned with child welfare. Moreover, the State should maintain a record of the birth and progress of the child.

It should monitor the same. A child, after he is born, should not be allowed to melt and disappear in the vast society. The State should be able to monitor his education, health, progress, etc. The State should maintain records till he attains the age of 14 and should take such effective steps to prevent vagrant child roaming in the city and towns, organising and maintain aftercare home to take over the vagrant children. Appropriate legislation is made and is enforced strictly against vagrancy of children. Court also directed State to establish as many after-care homes as are feasible where the street children are taken care of and are trained to be useful citizen of the Country and the State should clothe itself with the power to proceed against the parents or guardians who willfully neglect the welfare of the children or their wards and who encourage them to lead a vagrant life. Begging in the street by children or employing children for begging to be made an offence and such provisions should be strictly enforced”.

• On 11 April 2000 in Mahesh Kumar Garg and Ors. Vs. State Of U.P. And Ors , a bench of Pradeep Kant held “ I, therefore, provide that in all cases of like nature an inspection has to be made by the Inspector and in case, the Inspector is of the view that the Child Labour has been engaged in contravention of the Act, a show-cause notice shall be issued to the offending employer/occupier who within the time stipulated, may file objection against the said inspection report raising the plea regarding the age or any other relevant objections”.
• On 12 January 2001 in the State Of Guj. vs Bhupendrakumar Jagjivandas,  a bench of D Mehta held “ the sentence imposed by the Trial Court shall stand modified as – it is ordered that the accused shall pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) for violation of provisions of Section 27 of the Factories Act, 1948 , in default thereof the accused shall undergo simple imprisonment of three months. It is clarified that the amount of fine that may have already been paid shall be deducted and only the balance amount shall be payable by the accused”.

The Third Period, 2003- 2012

• On 5 April 2006 in Ganesh Ram vs State Of Jharkhand And Ors , a bench of S Mukhopadhaya, N Tiwari held “ If a person, below 14 years of age, is appointed, penal order can be passed against the employer under the Child Labour (Prohibition and Regulation Act 1986) but no order, penal in nature, be passed against the employee”.
• On 24 December 2010 in Bachpan Bachao & Ors. vs Union Of India & Others ,   “Delhi High Court decides upon the duties of the Commission and the Committee.
• The Bench and the Jury shall entertain complaints made by the domestic workers herself/himself of through her/his guardian, NGOs managing Childline services, the employer or the police in appropriate cases.
• The Commission and the Jury may hear the following types of cases
• Abusive working conditions which are after the physical extent of the child in situations where persons between the ages of 14 and 18 are employed;
• Long hours of work;
• Absence of principal services including medical care and food.
• The Bench or the Committee shall determine the objection build within a duration of 30 days”

The Last Period, 2011 and onwards

•  On 20 March 2012 in Roshan Gupta V. The State Of Bihar & Ors , “ the writ petition has been filed challenging the orders contained in Annexures 1 and 2 by which the petitioner has been imposed a fine of Rs.20,000/-The main submission on behalf of the petitioner is that without giving him an opportunity to explain the circumstances under which Ravi Kumar was working in the shop, fine has been imposed on the ground that the petitioner had employed a child as labour in his shop. In the meantime operation of the order contained in Annexure 1 and 2 shall remain stayed. The writ petition is disposed of with the aforesaid observation and direction”.
• On 4 September, 2015 in Jayakumar Nat & Anr vs State Of NCT Of Delhi & Anr, “Delhi High Court directs the Govt. of NCT of Delhi to come out with a proper scheme to address the issue of rehabilitation of these rescued children by providing some kind of economic help so that the parents or guardians do not force them to work as child labourers again to meet with their basic needs and to supplement their income for their basic survival”.
• On 18 January 2016 Whether This Case Involves A vs. As In Both The Appeals,  “Gujarat high court held that any child/children or their parents/guardians can approach before the State Commission for the protection of child rights under Section 31(3) of the Act for ventilating the grievance and appropriate action shall be taken for inquiring into the complaints as per Section 14 of the Protection of Child Right Act,2005 and further action under Section 15 of Protection of Child Right shall be taken in accordance with law”.
• On 11 November 2016, In Court On Its Own Motion vs The State Of Jharkhand, “Petitioner said nothing has been done with regard to settlement of the child labour and further the State has also not disclosed anything as to how they will cope with this horrifying situation of child labour where Jharkhand High Court directs to file an affidavit about the stage of investigation which will also indicate that how many schemes have been implemented in the State of Jharkhand by the Child Welfare Department to combat and rehabilitate child labour”.

It is relevant to mention that the Judiciary played a very important role in the protection of child labour. The Judiciary has always taken preventive measure to safeguard them from the employer by fixing their working hours, providing medical facilities, fixed the number of wages etc. The Judiciary has also directed State authority to create an environment where the child can grow and develop his personality without facing any abuse as mentioned in our constitution. What this paper calls for, more than anything, is a context-sensitive approach to understanding child labour in a country as large and diverse as India.

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• IKEA Case: One Company’s Fight to End Child Labor
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IKEA Case: One Company’s Fight to End Child Labor

A business ethics case study.

In this business ethics case study, Swedish multinational company IKEA faced accusations relating to child labor abuses in the rug industry in Pakistan which posed a serious challenge for the company and its supply chain management goals.

Empty garage with a highlighted walking path in front of an IKEA.

Photo credit: mastrminda/Pixabay

Yuvraj Rao '23 , a 2022-23 Hackworth Fellow at the Markkula Center for Applied Ethics graduated with a marketing major and entrepreneurship minor from Santa Clara University.

Introduction

IKEA is a Swedish multinational company that was founded in 1943 by Ingvar Kamprad. [1] The company mainly provides simple, affordable home furniture and furnishings, and it pioneered DIY, or do it yourself, furniture. Kamprad originally sold binders, fountain pens, and cigarette lighters, but eventually expanded to furniture in 1948. According to the Journal of International Management, in 1953, Kamprad offered products that came as “a self assembled furniture” for the lowest price, which ultimately became a key part of IKEA’s value proposition going forward. In 1961, IKEA started to contact furniture factories in Poland to order chairs from a factory in Radomsko. [2] Outsourcing to Poland was mainly due to other Swedish furniture stores pressuring Swedish manufacturers to stop selling to IKEA. In the mid 1960’s, IKEA continued its supplier expansion into Norway, largely because IKEA didn’t want to “own their own line of production,” [3] and Germany due to its ideal location (downtown, suburban area) to place an IKEA store. Given IKEA’s suppliers were now not just in Sweden, it led to an increased importance on developing strong relationships with its suppliers.

In the following decades, IKEA continued its expansion and solidified its identity as a major retail outlet with parts being manufactured around the world. By the mid 90’s, IKEA was the “world’s largest specialized furniture retailer with their GDP reaching $4.5 billion in August of 1994.” [4] It also worked with 2,300 suppliers in 70 different countries, who supplied 11,200 products and had 24 “trading offices in nineteen countries that monitored production, tested product ideas, negotiated products, and checked quality.” [5] IKEA’s dependence on its suppliers ultimately led to problems in the mid 1990’s. At this time, IKEA was the largest furniture retailer in the world, and had nearly “100 stores in 17 countries.” [6] Also during this time, a Swedish documentary was released that highlighted the use of child labor in the rug industry in Pakistan, which impacted IKEA given it had production there. The rug industry in particular is extremely labor intensive and is one of the largest “export earners for India, Pakistan, Nepal and Morocco.” Here, children are forced to work long hours for very little pay (if there is any pay at all). In some cases, their wages are only enough to pay for food and lodging. In cases where children are not paid, the wages are used by the loom owner to pay the parents and agents who brought the children to the factories. Additionally, the work the children must do comes with a lot of risk. More specifically, children face risks of diminishing eyesight and damaged lungs from “the dust and fluff from the wool used in the carpets.” [7] As a result of these working conditions, many of these children are very sick when they grow up. Despite these terrible conditions, it isn’t that simple for families not to send children to work at these factories. A lot of the parents can’t afford food, water, education, or healthcare, so they are often left with no choice but to send their children to work for an additional source of income. [8]

 IKEA and Child Labor Accusations

The accusations of child labor in the rug industry in Pakistan posed a serious challenge for IKEA and its supply chain management goals. It would need to address the serious issues of alleged injustice for the sake of its reputation and brand image. Additionally, as IKEA also had suppliers in India, it would need to be in compliance with India’s “landmark legislation act against child labor, the Child Labor (Prohibition and Regulation) Act of 1986.” [9]

As a result of these accusations, IKEA ultimately ended its contracts with Pakistani rug manufacturers, but the problem of child labor in its supply chain still persisted in other countries that were supplying IKEA. Marianne Barner, the business area manager for rugs for IKEA at the time, stated that the film was a “real eye-opener…I myself had spent a couple of months in India for some supply chain training, but child labor was never mentioned.” [10] She also added that a key issue was that IKEA’s “buyers met suppliers at offices in the cities and rarely visited the actual production sites.” [11] The lack of visits to the actual production sites made it difficult for IKEA to identify the issue of child labor in these countries.

To make matters worse, in 1995, a German film “showed pictures of children working at an Indian rug supplier... ‘There was no doubt that they were rugs for IKEA,’ says business area manager for textiles at the time, Göran Ydstrand.” [12] In response to these accusations, Barner and her team went to talk to suppliers in Nepal, Bangladesh, and India. They also conducted surprise raids on rug factories and confirmed that there was child labor in these factories. The issue of child labor, along with the accusations of having formaldehyde (a harmful chemical) in IKEA’s best selling BILLY bookcases and the discovery of unsafe working conditions for adults (such as dipping hands in petrol without gloves), led to increased costs and a significantly damaged reputation for the company.

It was later discovered that the German film released in 1995 was fake, and the renowned German journalist who was responsible for this film was involved in “several fake reports about different subjects and companies.” [13] IKEA was now left with three options. First, some members of IKEA management wanted to permanently shut down production of their rugs in South Asia. Another option was to do nothing and proceed with its existing practices now that it was announced that the film was fake. The third option was that the company could attempt to tackle the issue of child labor that was clearly evident in its supply chain, regardless of whether the film was fake or not. IKEA ultimately decided to opt for the third option, and its recent discoveries would eventually help guide the policies the company implemented to address these issues, particularly child labor in India.

Steps Taken to Address Child Labor in the Supply Chain

IKEA took multiple steps to deal with its damaged reputation and issues of child labor in its supply chain. One way in which it did this was through institutional partnerships. One such partnership was with Save the Children, which began in 1994. According to Save the Children’s website, one of the main goals of their partnership is to realize children's “rights to a healthy and secure childhood, which includes a quality education. By listening to and learning from children, we develop long-term projects that empower communities to create a better everyday life for children.” [14] Furthermore, the partnership is intended to “drive sustainable business operations across the entire value chain.” [15] Together, IKEA and Save the Children are focused on addressing the main causes of child labor in India’s cotton-growing areas. [16] Save the Children also advised IKEA to bring in an independent consultant to ensure that suppliers were in compliance with their agreements, which further improved IKEA’s practices in its supply chain. IKEA also partnered with UNICEF to combat child labor in its supply chain. According to the IKEA Foundation, in 2014, IKEA provided UNICEF with six new grants totaling €24.9 million with a focus “on reaching the most marginalized and disadvantaged children living in poor communities and in strengthening UNICEF’s response in emergency and conflict situations.” Additionally, five of the six grants were given to help programs in “Afghanistan, China, India, Pakistan, and Rwanda,” with a “focus on early childhood development, child protection, education, and helping adolescents to improve their lives and strengthen their communities.” [17]

Next, IKEA and Save the Children worked together to develop IWAY, which was launched in 2000. [18] IWAY is the IKEA code of conduct for suppliers. According to the IKEA website, “IWAY is the IKEA way of responsibly sourcing products, services, materials and components. It sets clear expectations and ways of working for environmental, social and working conditions, as well as animal welfare, and is mandatory for all suppliers and service providers that work with IKEA.” [19] In addition, IWAY is meant to have an impact in the following four areas: “promoting positive impacts on the environment,” “securing decent and meaningful work for workers,” “respecting children’s rights”, and “improving the welfare of animals in the IKEA value chain.” [20] IWAY is used as a foundation to collaborate with IKEA’s suppliers and sub-contractors to ensure supply chain transparency.

As mentioned previously, one of the main goals of IKEA’s partnership with Save the Children was to address child labor in India’s cotton-growing areas. To do this, IKEA and Save the Children developed a program that would ultimately help more than 1,800 villages between 2009 and 2014. More specifically, the program moved nearly 150,000 children out of child labor and into classrooms. Also, as a result of this program, more than 10,000 migrant children “moved back into their home communities.” [21] Last but not least, the program trained almost 2,000 teachers and 1,866 Anganwadi workers (whose duties include teaching students and educating villagers on healthcare [22] ) in order to provide each village with a community leader. This was to ensure that the community had a skilled leader to assist in educating the villagers. In 2012, the IKEA Foundation and Save the Children announced that they would expand with new programs in Punjab, Haryana, and Rajasthan. This joint program illustrates IKEA’s commitment to improving communities in addition to helping children go to school.

Conclusion & Looking Ahead

IKEA has taken numerous steps to ensure that suppliers abide by the IWAY Code of Conduct. Companies around the world can learn from the policies IKEA has put in place to ensure that each company has control and complete oversight over their supply chains, which can lead to a more transparent and ethical supply chain. According to The IKEA WAY on Purchasing Products, Materials and Services, one way in which IKEA does this is by requiring all suppliers to share the content of the code to all co-workers and sub-suppliers, thus leading to more accountability among the company's suppliers. IKEA also believes in the importance of long term relationships with its suppliers. Therefore, if for some reason, a supplier is not meeting the standards set forth by the code, IKEA will continue to work with the supplier if the supplier shows a willingness to improve its practices with actionable steps to complete before a specified period of time. [23]

Additionally, during the IWAY implementation process, IKEA monitors its suppliers and service providers. To do this, IKEA has a team of auditors who conduct audits (both announced and unannounced) at supplier facilities. The auditors are also in charge of following up on action plans if suppliers are failing to meet the agreed upon standards specified by IWAY. Along with this, “IKEA…has the Compliance and Monitoring Group, an internal independent group that is responsible for independent verification of implementation and compliance activities related to IWAY and Sustainability.” [24] IKEA also has independent third party teams who conduct inspections on behalf of IKEA. [25] By conducting audits and putting together teams to ensure cooperation from suppliers throughout the supply chain, companies can be better equipped to prevent unethical practices in the production of goods and services. In Ximeng Han’s Analysis and Reflection of IKEA’s Supply Chain Management, Han highlights IWAY’s importance in maintaining links with IKEA’s suppliers. [26] Therefore, IWAY plays a crucial role in ensuring supply chain transparency and in building a more ethical and sustainable supply chain.

In addition to all of the policies IKEA has put in place to address issues in its supply chain, the company has also donated a lot of money to combat child labor in India. More specifically, according to an IKEA Foundation article written in 2013, “Since 2000, the IKEA Foundation has committed €60 million to help fight child labour in India and Pakistan, aiming to prevent children from working in the cotton, metalware and carpet industries.” [27] Furthermore, in 2009, the company announced that it would donate $48 million to UNICEF to “help poor children in India.” [28]

IKEA’s goal to completely eliminate child labor from its supply chain is an ongoing battle, and it is still committed to ensuring that this is ultimately the case. More specifically, it is extremely difficult to completely eliminate child labor from a company’s supply chain because of the various aspects involved. According to a report published in 2018 by the International Labour Organization, these aspects include a legal commitment, building and “extending” social protection systems (including helping people find jobs), “expanding access to free, quality public education,” addressing supply chain issues, and providing more protection for children in general. [29] Furthermore, Han points out the potential downsides that could arise as a result of having a global supply chain like IKEA does. Given IKEA is an international retailer, the company “has to spend a lot of time, money and manpower to enter new markets due to the different cultures, laws and competitive markets in different regions, and there is also a significant risk of zero return.” [30] Han also argues that the COVID-19 pandemic showed IKEA’s and many other companies’ inability to respond to “fluctuations in supply and demand,” primarily due to inflexible supply chains. [31] This information points out the various aspects that need to align in order to completely end the issue of child labor throughout the world, as well as the difficulties of having a global supply chain, which is why child labor is so difficult to completely eliminate.

Specific to IKEA’s actions, in 2021, IKEA announced three key focus areas for its action pledge: “Further integrating children’s rights into the existing IKEA due diligence system (by reviewing IWAY from a child rights’ perspective in order to strengthen the code),” “accelerating the work to promote decent work for young workers,” and partnering “up to increase and scale efforts.” [32] IKEA’s fight to end child labor in India highlights the importance of supply chain transparency and putting policies in place that ensures cooperation from suppliers and all parties involved. Additionally, in a Forbes article written in 2021, “According to the data from the OpenText survey…When asked whether purchasing ethically sourced and/or produced products matters, 81 percent of respondents said yes.” [33] Steve Banker, who covers logistics and supply chain management, also adds, “What is interesting is that nearly 20 percent of these survey respondents said that it has only mattered to them within the last year, which indicates that the Covid pandemic, and some of the product shortages we have faced, has made consumers re-evaluate their stance on ethical sourcing.” [34] These results confirm that customers are now considering how a product was sourced in their purchasing decisions, which makes it even more important for IKEA to be transparent about its efforts to eliminate child labor from its supply chain. Furthermore, the company’s open commitment to eliminating child labor and helping communities in India is beneficial in maintaining a positive relationship with its stakeholders.

The increase in globalization has made it even more essential for companies to monitor their supply chains and have complete oversight over business practices. IKEA is one of the companies leading the way in building a more ethical and sustainable supply chain, but more companies need to follow suit and implement policies similar to IWAY that holds all parties in the supply chain accountable for their actions. Through supply chain transparency and accountability, companies will likely be better equipped to handle issues that arise throughout their respective supply chains. Furthermore, by implementing new policies, conducting audits, and maintaining close communication with suppliers, companies can work to eliminate child labor in their supply chains and put children where they belong: in school.

Reflection Questions:

• What does this case teach you about supply chain ethics?
• What are some of the ways in which management/leaders can ensure compliance of the standards set forth by a company in terms of supplier behavior and ethical sourcing?
• Who is primarily responsible for ensuring ethical behavior throughout the supply chain? Is it the company? The suppliers? Both?
• How can companies utilize the various platforms and technologies that exist today to better understand and oversee their supply chains? 
• IKEA has taken numerous steps to address child labor in its supply chain. Do you think every business working in a context that may involve child labor has a duty to act in a similar way? Why or why not?

Works Cited 

“ About Ikea – Our Heritage .” IKEA.

“Anganwadi Workers.” Journals Of India , 16 June 2020. 

Banker, Steve. “ Do Consumers Care about Ethical Sourcing? ” Forbes , 9 Nov. 2022.

Bharadwaj , Prashant, et al. Perverse Consequences of Well-Intentioned Regulation ... - World Bank Group .

“ Child Labor in the Carpet Industry Rugmark: Carpets: Rugs: Pakistan .” Child Labor in the Carpet Industry RugMark |Carpets | Rugs | Pakistan .

“ Creating a Sustainable IKEA Value Chain with Iway. ” Sustainability Is Key in Our Supplier Code of Conduct .

“ Ending Child Labour by 2025 - International Labour Organization .” International Labour Organization .

“ Film on Child Labour Is Eye-Opener for IKEA .” IKEA Museum , 31 Mar. 2022.

Foundation , ECLT. “ Why Does Child Labour Happen? Here Are Some of the Root Causes. ” ECLT Foundation , 17 May 2023.

Han, Ximeng. “ Analysis and Reflection of IKEA’s Supply Chain Management. ” Analysis and Reflection of IKEA’s Supply Chain Management | Atlantis Press , 27 Dec. 2022.

“ Human Rights and Global Sourcing: IKEA in India. ” Journal of International Management , 13 May 2011.

“ IKEA and IKEA Foundation .” Save the Children International .

“ IKEA Foundation Contributes €24.9 Million to UNICEF to Help Advance Children’s Rights. ” IKEA Foundation , 26 May 2020.

“ IKEA Foundation Helps Fight the Roots Causes of Child Labour in Pakistan .” IKEA Foundation , 18 Feb. 2013.

“ Ikea Gives $48 Million to Fight India Child Labor .” NBC News , 23 Feb. 2009.

“ IKEA Supports 2021 as the UN International Year for the Elimination of Child Labour. ” About IKEA.

The Ikea Way on Purchasing Products , Materials and Services .

Jasińska, Joanna, et al. “ Flat-Pack Success: IKEA Turns to Poland for Its Furniture. ” – The First News .

Thomas , Susan. “ IKEA Foundation Tackles Child Labor in India’s Cotton Communities .” Boston College Center for Corporate Citizenship , 15 July 2014.

[1] “About Ikea – Our Heritage.” IKEA .

[2] Jasińska, Joanna, et al. “Flat-Pack Success: IKEA Turns to Poland for Its Furniture.” – The First News .

[3] “Human Rights and Global Sourcing: IKEA in India.” Journal of International Management , 13 May 2011.

[4] “Human Rights and Global Sourcing: IKEA in India.” Journal of International Management , 13 May 2011.

[5] “Human Rights and Global Sourcing: IKEA in India.” Journal of International Management , 13 May 2011.

[6] “Film on Child Labour Is Eye-Opener for IKEA.” IKEA Museum , 31 Mar. 2022.

[7] “Child Labor in the Carpet Industry Rugmark: Carpets: Rugs: Pakistan.” Child Labor in the Carpet Industry RugMark |Carpets | Rugs | Pakistan .

[8] Foundation , ECLT. “Why Does Child Labour Happen? Here Are Some of the Root Causes.” ECLT Foundation , 17 May 2023.

[9] Bharadwaj , Prashant, et al. Perverse Consequences of Well-Intentioned Regulation ... - World Bank Group .

[10] “Film on Child Labour Is Eye-Opener for IKEA.” IKEA Museum , 31 Mar. 2022.

[11] “Film on Child Labour Is Eye-Opener for IKEA.” IKEA Museum , 31 Mar. 2022.

[12] “Film on Child Labour Is Eye-Opener for IKEA.” IKEA Museum , 31 Mar. 2022.

[13] “Film on Child Labour Is Eye-Opener for IKEA.” IKEA Museum , 31 Mar. 2022.

[14] “IKEA and IKEA Foundation.” Save the Children International .

[15] “IKEA and IKEA Foundation.” Save the Children International .

[16] “IKEA and IKEA Foundation.” Save the Children International .

[17] “IKEA Foundation Contributes €24.9 Million to UNICEF to Help Advance Children’s Rights.” IKEA Foundation , 26 May 2020.

[18] “IKEA and IKEA Foundation.” Save the Children International .

[19] “Creating a Sustainable IKEA Value Chain with Iway.” Sustainability Is Key in Our Supplier Code of Conduct .

[20] “Creating a Sustainable IKEA Value Chain with Iway.” Sustainability Is Key in Our Supplier Code of Conduct .

[21] Thomas, Susan. “IKEA Foundation Tackles Child Labor in India’s Cotton Communities.” Boston College Center for Corporate Citizenship , 15 July 2014.

[22] “Anganwadi Workers.” Journals Of India , 16 June 2020.

[23] The Ikea Way on Purchasing Products, Materials and Services .

[24] The Ikea Way on Purchasing Products, Materials and Services .

[25] The Ikea Way on Purchasing Products, Materials and Services .

[26] Han, Ximeng. “Analysis and Reflection of IKEA’s Supply Chain Management.” Analysis and Reflection of IKEA’s Supply Chain Management | Atlantis Press , 27 Dec. 2022.

[27] “IKEA Foundation Helps Fight the Roots Causes of Child Labour in Pakistan.” IKEA Foundation , 18 Feb. 2013.

[28] “Ikea Gives $48 Million to Fight India Child Labor.” NBC News , 23 Feb. 2009.

[29] “Ending Child Labour by 2025 - International Labour Organization.” International Labour Organization .

[30] Han, Ximeng. “Analysis and Reflection of IKEA’s Supply Chain Management.” Analysis and Reflection of IKEA’s Supply Chain Management | Atlantis Press , 27 Dec. 2022.

[31] Han, Ximeng. “Analysis and Reflection of IKEA’s Supply Chain Management.” Analysis and Reflection of IKEA’s Supply Chain Management | Atlantis Press , 27 Dec. 2022.

[32] “IKEA Supports 2021 as the UN International Year for the Elimination of Child Labour.” About IKEA .

[33] Banker, Steve. “Do Consumers Care about Ethical Sourcing?” Forbes , 9 Nov. 2022.

[34] Banker, Steve. “Do Consumers Care about Ethical Sourcing?” Forbes , 9 Nov. 2022.

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Home » Social Justice » Issues related to children » Child Labour » Situation of Child Labour in India

• The number of children working as child labourers came down by 100 million in last two decades ( 1991 to 2011) which demonstrates that the right combination of policy and programmatic interventions can make a difference ; but COVID-19 pandemic has undone a lot of gains
• The Covid-19 crisis has brought additional poverty to these already vulnerable populations and may reverse years of progress in the fight against child labour- ILO
• A report by the International Labour Organization (ILO) and UNICEF warns that 9 million additional children are at the risk of being pushed into child labour by the end of 2022 globally , as a result of the pandemic.
• In India, the closure of schools and the economic crisis faced by the vulnerable families , triggered by the pandemic, are likely drivers pushing children into poverty and thus, child labour and unsafe migration.
• There has been a significant increase in the proportion of working children from 28.2% to 79.6% out of the 818 children who were surveyed , mainly because of the COVID-19 pandemic and closure of schools, reveals a study conducted by Campaign Against Child Labour (CACL).
• The coronavirus pandemic is forcing India’s children out of school and into farms and factories to work, worsening a child-labour problem that was already one of the direst in the world.
• Orphaned children are particularly vulnerable to trafficking and other exploitation like forced begging, or child labour. In such families, there is also the likelihood of older children dropping out of school to support their younger siblings.
• Children are seen as a stop-gap measure to fill jobs left vacant by migrant labourers who fled cities for their rural homes during the lockdown.
• According to the CACL survey , more than 94% of children have said that the economic crisis at home and family pressure had pushed them into work. Most of their parents had lost their jobs or earned very low wages during the pandemic.
• A total of 591 children were rescued from forced work and bonded labour from different parts of India during the lockdown by Bachpan Bachao Andolan , a civil society group on children’s rights

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Child Labour in India: Violators go scot-free as only 25% cases reach conviction

In india, over 80% of children below 14 years of age engaged in child labour are based in rural areas. a majority of them are engaged in agriculture and allied activities..

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But a shift that has been observed is that while child labour is decreasing in rural areas, it is becoming more prevalent in urban centres, "indicating the growing demand for child workers in menial jobs".

The glaring risks associated with child labour can be better understood from the International Labour Organisation's (ILO) estimates that globally nearly 22,000 children are killed at work every day.

How many are injured or fall sick due to their work remains unknown even to an organisation of the scale of the ILO.

On the occasion of World Day Against Child Labour (June 12), Kailash Satyarthi, who was awarded the Nobel Peace Prize for his efforts to end child labour, sums up the challenge and dichotomy in a tweet saying:

Whose children are they who toil in mines, factories &fields at the cost of their freedom & education? They are all our children. Please don’t accept hospitality where children are working.Why 152 million child laborers when 210 million adults jobless? #WorldDayAgainstChildLabour Kailash Satyarthi (@k_satyarthi) June 12, 2019

• Worldwide 218 million children between 5 and 17 years are in employment.
• Among them, 152 million are victims of child labour; almost half of them, 73 million, work in hazardous child labour.
• Almost half of child labour (72.1 million) is to be found in Africa; 62.1 million in the Asia and the Pacific; 10.7 million in the Americas; 1.2 million in the Arab states and 5.5 million in Europe and Central Asia.
• Almost half of all 152 million children victims of child labour are aged 5-11 years.
• 42 million (28%) are 12-14 years old; and 37 million (24%) are 15-17 years old.
• Among 152 million children in child labour, 88 million are boys and 64 million are girls.
• Child labour is concentrated primarily in agriculture (71%); 17% in services; and 12% in the industrial sector, including mining.

Source: United Nations

The author tweets at @mukeshrawat705 and can also be reached out on Facebook .

ALSO READ | 152 million children are forced to work for a living

ALSO READ | Delhi is a massive hub of domestic child labour: Kailash Satyarthi

ALSO WATCH | Til every child can see a bright future

Child Labour in India: Causes and Consequences

• International Journal of Science and Research (IJSR) 8(5):2199-2206

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Children and Domestic Labour

• 31 Jul 2023
• GS Paper - 2
• Issues Related to Children
• Government Policies & Interventions

For Prelims: Child Labor , International Labour Organization , National Crime Records Bureau , Child Labour (Prohibition and Regulation) Act, 1986.

For Mains: Vulnerabilities Faced by Child Labor in Domestic Work.

Why in News?

Recently, an incident came into light where a couple was accused of hiring a 10-year-old girl as a stay-at-home help to care for their 4-year-old son and was subjected to physical and mental abuse on several occasions.

• This incident highlights the issue of Child Labour in Domestic Work.

What is Child Labor?

• Child domestic work is a general reference to children’s work in the domestic work sector in the home of a third party or employer.
• Child labor in domestic work refers to situations where domestic work is performed by children below the relevant minimum age (for light work, full-time non-hazardous work), in hazardous conditions or in a slavery-like situation.
• Long and tiring working days ; use of toxic chemicals; carrying heavy loads; handling dangerous items such as knives and hot pans; insufficient or inadequate food and accommodation etc.
• The risks are compounded when a child lives in the household where he or she works as a domestic worker.
• As per the National Crime Records Bureau Report 2022, in 2021, around 982 cases were registered under the Child Labour (Prohibition and Regulation) Act, 1986, with the highest number of cases registered in Telangana, followed by Assam.
• According to a study by Campaign Against Child Labour (CACL), there has been a significant increase in the proportion of working children from 28.2% to 79.6% out of the 818 children who were surveyed, mainly because of the Covid-19 pandemic and closure of schools.
• The states in India having highest child labour employers are – Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, and Maharashtra.

Why is Child Labor in Domestic Work Prevalence in India?

• The prevalence of child labor in domestic work in India are the social and economic conditions of families, lack of effective policies ensuring sufficient wages to adult workers, and the burden falling on children of impoverished households to supplement family income.
• This situation often leads to kids being paid even less and forced to work beyond their physical and mental capacity, resulting in a systematic trap of slavery in 24x7 house help employment.
• Some communities and families have a tradition of making their children work in certain occupations, such as agriculture, carpet weaving, or domestic service. Some also believe that education is not important or suitable for girls.
• Tribals and Dalits who migrate to big cities from the poorer regions of India such as West Bengal, Bihar, Uttar Pradesh, and Jharkhand are the easiest targets.
• Many schools in India lack adequate facilities, teachers, and quality education. Some schools also charge fees or other expenses that are unaffordable for poor families. 
• These factors discourage parents from sending their children to school and make them drop out.
• Natural disasters, conflicts, and pandemics can disrupt the normal functioning of society and increase the vulnerability of children.
• Some children may lose their parents, homes, or access to basic services. They may be forced to work for survival or be exploited by traffickers and other perpetrators.

What is the Socio-Economic Impact of Child Labour?

• Child labor diminishes children's ability to accumulate skills and knowledge, affecting their future productivity and income.
• Child labor lowers wages for unskilled work , contributing to the cycle of poverty and continued child labor.
• Child labor hampers technological advancements and innovation, slowing down long-term economic growth and development.
• Child labor deprives children of their rights to education, health, protection, and participation, limiting their future opportunities and social mobility.
• Child labor weakens social development and cohesion within a country, impacting stability and democracy.
• Child labor exposes children to hazards, physical injuries , diseases, abuse, and exploitation, adversely affecting their physical and mental well-being, mortality rates, and life expectancy.

What are the Government Initiatives to Curb Child Labour in India?

• Right to Education Act (2009)
• Forbids employment of children under 14 years of age in dangerous jobs like factories and mines. However, it didn't prohibit their employment in any harmless or innocent work.
• Amended in 2016 as Child & Adolescent Labour (Prohibition and Regulation) Act, 1986, completely prohibited employment of children below 14 years of age in all occupations and processes.
• The Factories Act (1948)
• National Policy on Child Labour (1987)
• Pencil Portal
• The Minimum Age Convention (1973) - No. 138
• The Worst Forms of Child Labour Convention (1999) - No. 182

Way Forward

• The government should enact and amend laws that prohibit and regulate child labour, in line with international standards and conventions.
• It should also ensure that the laws are effectively implemented and enforced, by allocating adequate resources, capacity, coordination, data, accountability and political will. 
• The government should provide comprehensive social protection and economic support to poor and vulnerable families, to prevent them from resorting to child labour as a coping mechanism.
• The government should ensure that all children have access to free and compulsory education up to the age of 14 years, as per the Right to Education Act 2009 and Article 21A of the Constitution.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q. International Labour Organization’s Conventions 138 and 182 are related to (2018)

(a) Child Labour (b) Adaptation of agricultural practices to global climate change (c) Regulation of food prices and food security (d) Gender parity at the workplace

Q. Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (2016)

• भारत सरकार Ministry of Labour & Employment, Government of India
• GOVERNMENT OF INDIA
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श्रम एवं रोजगार मंत्रालय Government of India Ministry of Labour & Employment

About Child Labour

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The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem.

According to the Census 2001 figures there are 1.26 crore working children in the age group of 5-14 as compared to the total child population of 25.2 crore. As per survey conducted by National Sample Survey Organisation (NSSO) in 2004-05, the number of working children is estimated at 90.75 lakh. As per Census 2011, the number of working children in the age group of 5-14 years has further reduced to 43.53 lakh. It shows that the efforts of the Government have borne the desired fruits.

Way back in 1979, Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children.

Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. As per the Act, employment of children was prohibited in certain specified hazardous occupations and processes and regulates the working conditions in others. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act. Subquitently the act was amended in 2016 with the enactment of the Child Labour (Prohibition & Regulation) Amendment Act 2016 prohibiting the employment of Children below 14 years in all employment and also with the provisions for prohibition on employment of adolescents(14-18 Years) in the scheduled hazardous occupations and processes .

In consonance with the above approach, a National Policy on Child Labour, formulated in 1987, seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children and Adolescent . The Action Plan outlined in the Policy for tackling this problem is as follows:

• Legislative Action Plan for strict enforcement of The Child & Adolescent Labour (Prohibition & Regulation) Act, 1986.
• Project based action plan in areas of high concentration of Child & Adolescent Labour - National Child Labour Project (NCLP) Schemes.
• Focuses on general developmental programmes for the benefit of the families of children

Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families.

Advancing social justice, promoting decent work ILO is a specialized agency of the United Nations

Topic portal

There are 160 million of children in child labour

Not all work performed by children is child labour . International standards define child labour as work that is hazardous to a child’s health and development, demands too many hours and/or is performed by children who are too young. Usually, child labour interferes with a child’s right to education and to play. This issue is at the core of the ILO mission. 

• What is child labour?

160 million

children are victims of child labour

of whom are in hazardous work

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International Labour Standards on child labour

• Convention No. 138
• Recommendation 146
• Convention No. 182
• Recommendation 190

One of the most effective methods of ensuring that children do not start working too young is to set the age at which children can legally be employed or otherwise work. The aim of ILO Convention No. 138  on the minimum age is the effective abolition of child labour by requiring countries to: (1) establish a minimum age for entry into work or employment; and (2) establish national policies for the elimination of child labour. 

• Text of the Convention
• Ratifications
• Countries that have not ratified yet
• ILO Convention No. 138 at a glance (pdf)

The Recommendation No. 146  which accompanies ILO Convention No. 138, stresses that national policies and plans should provide for: poverty alleviation and the promotion of decent jobs for adults, so that parents do not need to resort to child labour; free and compulsory education and provision of vocational training; extension of social security and systems for birth registration; and appropriate facilities for the protection of children, and adolescents who work. To achieve the elimination of child labour, laws setting minimum ages for work should be embedded in such comprehensive policy responses. 

It is a non-binding document that does not require ratification.

• Text of the Recommendation

ILO Convention No. 182  helped to focus the international spotlight on the urgency of action to eliminate as a priority, the worst forms of child labour without losing the long term goal of the effective elimination of all child labour. The Convention requires countries to take immediate, effective and time-bound measures to eliminate the worst forms of child labour as a matter of urgency. 

ILO Convention No. 182 is the first ILO Convention to achieve universal ratification . It was also the most rapidly ratified Convention in the history of the ILO, with the majority of ratifications occurring within the first 3 years after it was adopted in 1999.

• Ratification dates of the Convention No. 182
• ILO Convention No. 182 at a glance (pdf)

ILO Recommendation No. 190, which accompanies Convention No. 182, recommends that any definition of “hazardous work” should include: work which exposes children to physical, psychological or sexual abuse; work underground, underwater, at dangerous heights or in confined spaces; work with dangerous machinery, equipment and tools or carrying heavy loads; exposure to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to health; work for long hours, night work, and unreasonable confinement to the premises of the employer.

It is a non-binding document that does not require ratification.