A society has several components such as families, ecosystems, relationships, etc. that add value to its functioning. Among them, children play an important role in a social structure, as they are potentially the future of our society. Nearly, one-third of the world’s population consists of children. Children require care and protection, without any discrimination to improve posterity within a society.
Generally, a child is a young person below the legal age of majority. They fall under the bracket of minors and hence, are tender in age, mind and body. They need suitable care in terms of their health, nourishment, education, etc. In India, sadly children along with their adult family members take up odd jobs and work in dangerous environments to meet their daily needs.
Employing a child who is below the legal age, to work is termed as child labour. Child labour is a global problem that is detrimental to society at large. Various industries and sectors employ children for manual work. Children are forced to work in dangerous and unhealthy areas due to financial crisis, lack of proper food, clothing and shelter. According to the International Labour Organisation (ILO), there are more than 160 million children across the globe, working as child labourers. Out of this, India has about 9 million child labourers actively working in various hazardous sectors.
Despite strict legislative laws and rules, the engagement of children in various occupations continue. In general, children engaged as labourers are deprived of basic childhood experiences such as schooling, outdoor activities, talents building, etc. Due to their weak economic backgrounds and lack of support from families, they continue to be exploited, both physically and mentally.
Child labour directly results in victimisation of children depriving them of a healthy and happy environment. They often suffer abuse due to lack of awareness and this ultimately hinders their growth.
LEGAL FRAMEWORK
In India, the Child Labour (Prohibition and Regulation) Act of 1986 (1986 Act) prohibits the employment of children below the age of 14 years in hazardous occupations. The 1986 Act also aims to regulate the working hours and conditions of child workers.
Child labour constitutes:
- All forms of slavery including the sale or trafficking of children, debt bondage, and forced or compulsory labor.
- Forced or compulsory recruitment of children for use in armed conflict.
- Use of children for prostitution or pornography.
- Use of children for illicit activities such as trafficking of drugs
- Any work that is likely to harm the health, safety, and morals of children.
INTERNATIONAL CONVENTIONS
The United Nations Convention on the Rights of the Child (UNCRC) propagates the idea that children are not objects belonging to their parents for whom decisions are made unilaterally without considering their welfare. The UNCRC Convention recognizes that children are human beings and individuals with their own rights.
The UNCRC considers childhood as a phase in the life of a human that lasts until 18 years which is a special and protected time. It is during this time that children must grow, learn, play, develop and flourish with dignity. The UNCRC is recognized as the most ratified human rights treaty in history that has transformed children’s lives across the world.
The United Nations International Children’s Emergency Fund (UNICEF) has also been working to end child labour in different parts of the world. In India, UNICEF focuses on children employed in specific types of work such as cotton/jute production, metalwork, carpet production and employment in tea gardens.
The Constitution of India (Eighty-sixth Amendment) Act, 2002, inserted Article 21-A that provides free and compulsory education to all children within the age group of six to fourteen years as a Fundamental Right. We as a society must ensure that every child receives education for a better future, instead of encouraging child labour.
We at The Child Foundation are dedicated to the cause of helping the child to get his/her Fundamental Right and live a happy childhood.