India And Her Harsh Child Labour Law
ACROSS the globe more than 150 million children between age five and 14 are involved in child labour, while India is home to the highest number of working children in the world.
On International Day Against Child Labour on Friday, June 12, 2015, attempts are under way to put a stop to it.
In India, more than 28 million children have jobs, according to UNICEF estimates.
India’s current child labour law prohibits children under the age of 14 from being employed in hazardous jobs.
However, in May this year, rather than encouraging a complete abolition of child labour in the country, the cabinet headed by Prime Minister Narendra Modi, approved only amendments to the law.
“We live in a country where it is very normal for a farmer’s son to help the farmer after school hours or for an artisan’s children to learn the craft. So we don’t want this form of work to be penalised as child labour,” a labour ministry official, who spoke on condition of anonymity, told Al Jazeera.
“That’s why we’ve clearly stated that this form of work won’t be punished,” he said. “If a person breaks the law, the justice system is there.”
Although cabinet approval does not necessarily mean the bill will pass into law, it has prompted strong reactions in the country.
The Bachpan Bachao Andolan (BBA), an NGO headed by 2014 Nobel Peace laureate Kailash Satyarthi, welcomed approval of the amendment bill.
“Currently, as the law stands, children under the age of 14 are not allowed to work in only 18 occupations and 65 processes that are deemed to be hazardous,” explained Bhuwan Ribhu, an activist and lawyer with the BBA.
“This amendment bill allows for all forms of child labour to be prohibited until the age of 14 years,” he said.
The law is “a welcome step”, said Ribhu. “It’s also welcome because rehabilitation is an integral part of the law.
“Employment of children has been made a cognisable offence and repeat offence is also a non-bailable offence,” said the lawyer.
Ribhu added a word of caution, however. “It is very important for the law to be worded in such a way that it is not open to misuse. There is a difference between children working in families and child labour in family enterprises. And that has not yet been made clear.
“Child labour needs to be defined clearly in the law so that children are not exploited in the name of family-based work,” Ribhu said.
A recent UN report said nearly 300 million people still live under poverty in India. For a country with extreme inequalities, an abolitionist approach may not be a practical solution.
However, Ribhu pointed out that “poverty is also perpetuated with the exploitation of children”.
“Currently there are about as many unemployed adults in India as there are working children. So these jobs are being taken by children instead of adults in the name of cheap labour,” he said.
“Trafficking of children for forced labour has become one of the largest organised crimes in the world and I am afraid that it will continue in the name of family enterprises.”
In the 35 years since its establishment, the BBA has rescued more than 83,500 working children from across 18 states in India.
Just this week, the organisation rescued 26 children from New Delhi and four from Bangalore.