Unemployment in India

India as a nation is faced with massive problem of unemployment. Unemployment can be defined as a state of worklessness for a man fit and willing to work. It is a condition of involuntary and not voluntary idleness. Some features of unemployment have been identified as follows:
The incidence of unemployment is much higher in urban areas than in rural areas.Unemployment rates for women are higher than those for men.The incidence of unemployment among the educated is much higher than the overall unemployment.There is greater unemployment in agricultural sector than in industrial and other major sectors.Economists and social thinkers have classified unemployment into various types. Generally unemployment can be classified in two types:
(1) Voluntary unemployment
In this type of unemployment a person is out of job of his own desire doesn't work on the prevalent or prescribed wages. Either he wants higher wages or doesn't want to work at all. It is in fact social problem leading to social disorganization. Social problems and forces such as a revolution, a social upheaval, a class struggle, a financial or economic crisis a war between nations, mental illness, political corruption mounting unemployment and crime etc. threaten the smooth working of society. Social values are often regarded as the sustaining forces of society. They contribute to the strength and stability of social order. But due to rapid social change new values come up and some of the old values decline. At the same time, people are not is a position to reject the old completely and accept the new altogether. Here, conflict between the old and the new is the inevitable result which leads to the social disorganization in imposed situation. In economic terminology this situation is voluntary unemployment.
(2) In voluntary unemployment
In this type of situation the person who is unemployed has no say in the matter. It means that a person is separated from remunerative work and devoid of wages although he is capable of earning his wages and is also anxious to earn them. Forms and types of unemployment according to Hock are.
Cyclical unemployment - This is the result of the trade cycle which is a part of the capitalist system. In such a system, there is greater unemployment and when there is depression a large number of people are rendered unemployed. Since such an economic crisis is the result of trade cycle, the unemployment is a part of it.Sudden unemployment - When at the place where workers have been employed there is some change, a large number of persons are unemployed. It all happens in the industries, trades and business where people are employed for a job and suddenly when the job has ended they are asked to go.Unemployment caused by failure of Industries - In many cases, a business a factory or an industry has to close down. There may be various factors responsible for it there may be dispute amongst the partners, the business may give huge loss or the business may not turn out to be useful and so on.Unemployment caused by deterioration in Industry and business - In various industries, trades or business, sometimes, there is deterioration. This deterioration may be due to various factors. In efficiency of the employers, keen competitions less profit etc. are some of the factors responsible for deterioration in the industry and the business.Seasonal unemployment - Certain industries and traders engage workers for a particular season. When the season has ended the workers are rendered unemployed. Sugar industry is an example of this type of seasonal unemployment.
The problem of unemployment has becoming a colossal. Various problems have caused this problem. There are individual factors like age, vocational unfitness and physical disabilities which restrict the people. External factors include technological and economic factors. There is enormous increase in the population. Every year India adds to her population afresh. More than this every year about 5 million people become eligible for securing jobs. Business field is subject to ups and downs of trade cycle and globalization. Economic depression or sick industries are often close down compelling their employees to become unemployed. Technological advancement contributes to economic development .But unplanned and uncontrolled growth of technology is causing havoc on job opportunities. The computerization and automation has led to technological unemployment. Strikes and lockouts have become inseparable aspect of the industrial world today. Due to these industries often face economic loses and production comes down. Since workers do not get any salary or wages during the strike period they suffer from economic hardships. They become permanently or temporarily unemployed. Today young people are not ready to take jobs which are considered to be socially degrading or lowly. Our educational system has its own irreparable defects and its contribution to the unemployment is an open truth.Our education does not prepare the minds of young generation to become self-employed on the contrary it makes them dependent on government vacancies which are hard to come. Our State right from the beginning of Five year plans has introduced several employment generating schemes and programmes over the years but in the absence of proper implementation and monitoring have failed to achieve the required targets. Recently UPA Government has come up with Rural Employment Guarantee program which aims to provide minimum days of employment to people living in the villages. This is a laudable programme if implemented sincerely because it will provide employment to people during natural calamities like drought, floods etc. The remedial measures for reducing unemployment may lay greater emphasis on creation of opportunities for self -employment, augmentation of productivity and income levels of the working poor, shift in emphasis from creation of relief type of employment to the building up of durable productive assets in the rural areas and instead of attempting to revert somewhat to protectionist policies the pace of privatization may be accelerated.

Source: Bolo India

http://boloindia.org/content/forum/unemployment-india

Poverty in India

Poverty is one of the main problems which have attracted attention of sociologists and economists. It indicates a condition in which a person fails to maintain a living standard adequate for his physical and mental efficiency. It is a situation people want to escape. It gives rise to a feeling of a discrepancy between what one has and what one should have. The term poverty is a relative concept. It is very difficult to draw a demarcation line between affluence and poverty. According to Adam Smith - Man is rich or poor according to the degree in which he can afford to enjoy the necessaries, the conveniences and the amusements of human life.
Even after more than 50 years of Independence India still has the world's largest number of poor people in a single country. Of its nearly 1 billion inhabitants, an estimated 260.3 million are below the poverty line, of which 193.2 million are in the rural areas and 67.1 million are in urban areas. More than 75% of poor people reside in villages. Poverty level is not uniform across India. The poverty level is below 10% in states like Delhi, Goa, and Punjab etc whereas it is below 50% in Bihar (43) and Orissa (47). It is between 30-40% in Northeastern states of Assam, Tripura, and Mehgalaya and in Southern states of TamilNadu and Uttar Pradesh.
Poverty has many dimensions changing from place to place and across time. There are two inter-related aspects of poverty-Urban and rural poverty. The main causes of urban poverty are predominantly due to impoverishment of rural peasantry that forces them to move out of villages to seek some subsistence living in the towns and cities. In this process, they even lose the open space or habitat they had in villages albeit without food and other basic amenities. When they come to the cities, they get access to some food though other sanitary facilities including clean water supply still elude them. And they have to stay in the habitats that place them under sub-human conditions. While a select few have standards of living comparable to the richest in the world, the majority fails to get two meals a day. The causes of rural poverty are manifold including inadequate and ineffective implementation of anti-poverty programmes.The overdependence on monsoon with non-availability of irrigational facilities often result in crop-failure and low agricultural productivity forcing farmers in the debt-traps. The rural communities tend to spend large percentage of annual earnings on social ceremonies like marriage; feast etc.Our economic development since Independence has been lopsided .There has been increase in unemployment creating poverty like situations for many. Population is growing at an alarming rate. The size of the Indian family is relatively bigger averaging at 4.2.The other causes include dominance of caste system which forces the individual to stick to the traditional and hereditary occupations.
Since the 1970s the Indian government has made poverty reduction a priority in its development planning. Policies have focused on improving the poor standard of living by ensuring food security, promoting self-employment through greater access to assets, increasing wage employment and improving access to basic social services. Launched in 1965, India's Public Distribution System has helped meet people's basic food needs by providing rations at subsidized prices. Although it has affected less than 20% of the Poor's food purchases, the system has been important in sustaining people's consumption of cereals, especially in periods of drought. It has provided women and girls with better access to food and helped overcome the widespread discrimination against female consumption within households. It has also reduced the burden of women, who are responsible for providing food for the household.
The largest credit-based government poverty reduction programme in the world, the Integrated Rural Development Programme provides rural households below the poverty line with credit to purchase income-generating assets. Launched in 1979, the programme has supplied subsidized credit to such groups as small and marginalized farmers, agricultural laborers, rural artisans, the physically handicapped, scheduled castes and scheduled tribes. Within this target population, 40% of the beneficiaries are supposed to be women. Although the programme has reached 51 million families, only 27% of the borrowers have been women. The programme has significantly increased the income of 57% of assisted families.
Rural poverty is largely a result of low productivity and unemployment. The Jawahar Rozgar Yojana, a national public works scheme launched in 1989 with financing from the central and state governments, provides more than 700 million person days of work a year about 1% of total employment for people with few opportunities for employment. The scheme has two components: a programme to provide low-cost housing and one to supply free irrigation wells to poor and marginalized farmers. The public works scheme is self-targeting. Since it offers employment at the statutory minimum wage for unskilled manual labor, only those willing to accept very low wages the poor are likely to enroll in the scheme. By providing regular employment and thereby increasing the bargaining power of all rural workers, the public works scheme has had a significant effect in reducing poverty. It has also contributed to the construction of rural infrastructure (irrigation works, a soil conservation project, drinking water supply). Evaluations show that 82% of available funds have been channeled to community development projects. Targeting was improved in 1996 when the housing and irrigation well components were delinked and focused exclusively on people below the poverty line.
TRYSEM (Training rural youth for self employment) was started to provide technical skills to the rural youth and to help them to get employment in fields such as agriculture, industry, services and business activities. Youth of the poor families belonging to the age-group of 18-35 are entitled to avail the benefits of the scheme. Priority is given to persons belonging to ST/SC and ex-servicemen and about 1/3 seats are reserved for women. Minimum Needs Programme was taken up as an integral part of the 5th Five Year Plan and it was intended to cater to the minimum needs of the people such as rural water supply, rural health, road building, adult education, primary education, rural electrification and improvement of the urban slums etc.With the intention of removing urban unemployment some schemes such as SEPUP (Self-employment programme for the urban poor); SEEUY (Scheme for self-employment of the educated urban youths) .These schemes gives loans and subsidies for the urban unemployed youths to create or to find for themselves some jobs. The SEPUP had provided financial help for about 1.19 urban unemployed youths in the year 190-91.
The participation of civil society organizations in poverty reduction efforts, especially those directed to women, has increased social awareness and encouraged governments to provide better services. Cooperatives such as the Self-Employed Women's Association provide credit to women at market rates of interest but do not require collateral; they also allow flexibility in the use of loans and the timing of repayments. These civil society organizations have not only contributed to women's material well being; they have also helped empower them socially and politically. Such credit initiatives, by bringing women out of the confines of the household, are changing their status within the family and within village hierarchies. The demands of civil society organizations for better social services have spurred the government to launch campaigns to increase literacy and improve public infrastructure. And their calls for greater accountability and real devolution of power are increasing the likelihood that expenditures for poverty reduction will reach the needy, especially women.
The Indian state has undoubtedly failed in its responsibilities towards its citizens over the last 50 odd years। There is a need for the state to move out of many areas and the process has been started with economic liberalization। The process of decentralization should devolute lot more powers, both functional and financial, to panchayats. The lack of transparency and accountability has hampered our economic development at all levels. The problem of poverty persists because of a number of leakages in the system. New laws have to be evolved to ensure more accountability. Bodies like the Planning Commission should be modified into new constitutional bodies that can hold governments accountable for their failure to implement development programmes. A strong system of incentives and disincentives also needs to be introduced. The encouragement of non-governmental organizations and private sector individuals in tackling poverty is imperative, as the state cannot do everything.

Source : Bolo India

http://boloindia.org/content/forum/poverty-india

child labour laws in india

child labour laws in india
Submitted by admin on Thu, 05/14/2009 - 13:44
The Child Labour (Prohibition and Regulation) Act, 1986’.
The purpose of this Act was to declare child labour as illegal and make it a punishable act by any citizen of India. The Act is to bring to the notice of the people of this nation that there are child labour laws to protect the child. However, in spite of this the situation has not improved, nor has it been brought under control. For that matter it has worsened.
Given here are sections of the ‘The Child Labour (Prohibition and Regulation) Act, 1986’, to make readers aware of the laws with regards to the malice of child abuse and labour…
Preamble to the Act : [61 of 1986]lna-1 An Act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows :
(1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986.
(2) It extends to the whole of India.
(3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.
Definitions : In this Act, unless the context otherwise requires, -
(i) "Appropriate Government" means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government;
(ii) "Child" means a person who has not completed his fourteenth year of age;
(iii) "Day" means a period of twenty-four hours beginning at midnight;
(iv) "Establishment" includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment;
(v) "Family", in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual;
(vi) "Occupier", in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop;
(vii) "Port authority" means any authority administering a port;
(viii) "Prescribed" means prescribed by rules made under Sec. 18;
(ix) "Week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector;
(x) "Workshop" means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of Sec. 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.
Prohibition of Employment of Children in Certain Occupations and Processes :No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on: Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.
Hours and Period of Work:(1) No child shall be required or permitted to work in any establishment in excess of such number of hours, as may be prescribed for such establishment or class of establishments.
(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour.
(3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.
(4) No child shall be permitted or required to work between 7 p.m. and 8 a.m.
(5) No child shall be required or permitted to work overtime.
(6) No child shall be required or permitted to work in, any establishment on any day on which he has already been working in another establishment.
Weekly Holidays :
Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.
Health and Safety :(1) The appropriate Government may, by notification in the official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments.(2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:(a) cleanliness in the place of work and its freedom from nuisance;(b) disposal of wastes and effluents;(c) ventilation and temperature;(d) dust and fume;(e) artificial humidification;(f) lighting;(g) drinking water;( latrine and urinals;(i) spittoons;( fencing of machinery;(k) work at or near machinery in motion;(l) employment of children on dangerous machines;(m) instructions, training and supervision in relation to employment of children on dangerous machines;(n) device for cutting off power;(o) self-acting machines;(p) easing of new machinery;(q) floor, stairs and means of access;(r) pits, sumps, openings in floors, etc.;( excessive weights;(t) protection of eyes;(u) explosive or inflammable dust, gas, etc.;(v) precautions in case of fire;(w) maintenance of buildings; and(x) safety of buildings and machinery.
Penalties :(1) Whoever employs any child or permits any child to work in contravention of the provisions of Sec. 3 shall be punishable with imprisonment for a term which shall not be less than, three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.
(2) Whoever, having been convicted of an offence under Sec. 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.
(3) Whoever - (a) fails to give notice as required by Sec. 9, or
(b) fails to maintain a register as required by Sec. 11 or makes any false entry in any such register; or
(c) fails to display a notice containing an abstract of Sec. 3 and this section as required by Sec. 12; or
(d) fails to comply with or contravenes any other provisions of this Act or the rules made there under, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.
Children will not be employed in the following according to the Schedules of the Act...
Part A Occupations :
Any occupation connected with:
(1) Transport of passengers, goods or mails by railway;
(2) Cinder picking, clearing of an ash pit or building operation in the railway premises;
(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;
(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;
(5) A port authority within the limits of any port.
(6) Work relating to selling of crackers and fireworks in shops with temporary licences.
(7) Abattoirs/slaughter Houses.
Part B Processes :
(1) Bidi-making.(2) Carpet-weaving.(3) Cement manufacture, including bagging of cement.(4) Cloth printing, dyeing and weaving.(5) Manufacture of matches, explosives and fire-works.(6) Mica-cutting and splitting.(7) Shellac manufacture.( Soap manufacture.(9) Tanning.(10) Wool-cleaning.(11) Building and construction industry.(12) Manufacture of slate pencils (including packing).(13) Manufacture of products from agate.(14) Manufacturing processes using toxic metals and substances, such as, lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.(15) "Hazardous processes" as defined in Sec. 2 (CB) and dangerous operations as defined in rules made under Sec. 87 of the Factories Act, 1948 (63 of 1948).(16) Printing as defined in Sec. 2(k) (iv) of the Factories Act 1948 (63 of 1948).(17) Cashew and cashew nut decaling and processing.(18) Soldering processes in electronic industries.
There are more children under the age of fourteen in India than the entire population of the United States. The great challenge of India, as a developing country, is to provide nutrition, education and health care to these children.
Children under fourteen constitute around 3.6% of the total labor force in India. Of these children, nine out of every ten work in their own rural family settings. Nearly 85% are engaged in traditional agricultural activities. Less than 9% work in manufacturing, services and repairs. Only about 0.8% work in factories.
While child labor is a complex problem that is basically rooted in poverty, there is unwavering commitment by the Government and the people of India to combat it. Success can be achieved only through social engineering on a major scale combined with national economic growth. International policies and actions, therefore, must support and not hamper India's efforts to get rid of child labor.
India has all along followed a proactive policy with respect to the problem of child labor, and has stood for constitutional, statutory and developmental measures to combat child labor. Six ILO conventions relating to child labor have been ratified,, three of these as early as the first quarter of this century.
The first Act in India relating to child labor was the Enactment of Children (Pledging of Labor) Act of February 1933. Since then there have been nine different Indian legislations relating to child labor. The strategy of progressive elimination of child labor underscores India's legislative intent, and takes cognizance of the fact that child labor is not an isolated phenomenon that can be tackled without simultaneously taking into account the socio-economic milieu that is at the root of the problem.
The Government of India is determined to eradicate child labor in the country. The world's largest child labor elimination program is being implemented at the grass roots level in India, with primary education targeted for nearly 250 million. In this a large number of non-governmental and voluntary organizations are involved. Special investigation cells have been set up in States to enforce existing laws banning employment of children in hazardous industries. The allocation of the Government of India for the elimination of child labor was $10 million in 1995-96 and $16 million in 1996-97. The allocation for the current year is $21 million.
The International Program on Elimination of Child Labor (IPEC) has the world's largest international initiative on child labor in India. The total outlay under this program between 1992 and 1996 has been $4.15 million.Top
CHILD LABOR STUDY
According to the Indian census of 1991, there are 11.28 million working children under the age of fourteen years in India. Over 85% of this child labor is in the country's rural areas, working in agricultural activities such as fanning, livestock rearing, forestry and fisheries. This labor is outside the formal sector, and outside industry. Moreover, nine out of ten working children work within a family setting. Working in family-based occupations, these children also develop skills in certain traditional crafts, thus augmenting the human capital formation of India's developing economy.
India has all along followed a proactive policy in the matter of tackling the problem of child labor. India has always stood for constitutional, statutory and development measures required to eliminate child labor. The Indian Constitution has consciously incorporated provisions to secure compulsory universal elementary education as well as labor protection for children. Labor Commissions in India have gone into the problems of child labor and have made extensive recommendations.
In India, the post-independence era has seen an unequivocal commitment of the government to the cause of children through constitutional provisions, legislation, policies and programs. The Constitution of India in Article 39 of the Directive Principles of State Policy pledges that "the State shall, in particular, direct its policy towards securing ... that the health and strength of workers, men and women, and the tender age of children are not abused, and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength, that children are given opportunities and facilities to develop in a healthy manner, and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation, and against moral and material abandonment."
As a follow-up of this commitment, and being a party to the UN Declaration on the Rights of the Child 1959, India adopted the National Policy on Children in 1974. The policy reaffirmed the constitutional provisions and stated that "it shall be the policy of the State to provide adequate services to children, both before and after birth and through the period of growth to ensure their full physical, mental and social development. The State shall progressively increase the scope of such services so that within a reasonable time all children in the country enjoy optimum conditions for their balanced growth."
India has also ratified on December 2, 1992, the Convention on the Rights of the Child which came into force in 1990. This ratification implies that India will ensure wide awareness about issues relating to children among government agencies, implementing agencies, the media, the judiciary, the public and children themselves. The Government's endeavor is to meet the goals of the Convention and to amend all legislation, policies and schemes to meet the standards set in the Convention.
India is also a signatory to the World Declaration on the Survival, Protection and Development of Children. In pursuance of the commitment made at the World Summit, the Department of Women and Child Development under the Ministry of Human Resource Development has formulated a National Plan of Action for Children. Most of the recommendations of the World Summit Action Plan are reflected in India's National Plan of Action.
India's policy on child labor has evolved over the years against this backdrop and its present regime of laws relating to child labor has a pragmatic foundation, consistent with the International Labor Conference resolution of 1979. This ILO resolution calls for a combination of prohibitory measures and measures for humanizing child labor, wherever such labor cannot be eliminated altogether in the short turn. It should also be mentioned that India is second to none in its commitment to and in the upholding of the core international labor standards such as freedom of association, collective bargaining, non-discrimination, etc. India is signatory to a record 36 ILO labor conventions.
The Child Labor (Prohibition & Regulation) Act, 1986 of India prohibits the employment of children below the age of 14 in factories, mines and in other forms of hazardous employment, and regulates the working conditions of children in other employment. India has announced a National Policy of Child Labor as early as 1987, and was probably the first among the developing countries to have such a progressive policy. Through a notification dated May 26, 1993, the working conditions of children have been regulated in all employment not prohibited under the Child Labor (Prohibition and Regulation) Act. Further, following up on a preliminary notification issued on October 5, 1993, the government has also prohibited employment of children in occupations such as abattoirs/slaughter houses, printing, cashew de-scaling and processing, and soldering.
The announcement by the Prime Minister on India's Independence Day in 1994 that child labor would be abolished in hazardous occupations by the year 2000, reflects a national consensus and commitment. After this declaration, several far-reaching initiatives have been taken by the Government to effectively tackle the problem.
With the setting up of the National Authority for the Elimination of Child Labor (NAECL) under the Chairmanship of the Labor Minister, Government of India, a convergence of services and schemes for eliminating child labor is being achieved. The NAECL, comprising representatives from the Central Ministries, meets the need for an umbrella organization to coordinate the efforts of the different arms of the Government for the progressive elimination of child labor.
The child labor program in India is national in character and involves the Government of India,, the governments of the States and the Union Territories of India, as well as such tripartite fora as the Indian Labour Conference and the Standing Labour Committee. A massive national and regional media campaign has been launched to sensitize society against child labor. Funds have been allocated to districts identified as child-labor endemic for surveys to identify child labor, and for awareness generation programs among employers, parents and the working children themselves.
This paper covers the significant aspects of India's constitutional and legislative provisions relating to child labor, the enforcement of these provisions, and programs being undertaken nation-wide to eliminate child labor.
India's first act on the subject was the enactment of the Children (Pledging of Labor) Act of February 1933. This was followed by the Employment of Children Act in 1938. Subsequently, twelve additional legislations were passed that progressively extended legal protection to children. Provisions relating to child labor under various enactment such as the Factories Act, the Mines Act, the Plantation Labor Act etc. have concentrated on aspects such as reducing working hours, increasing minimum wage and prohibiting employment of children in occupations and processes detrimental to their health and development.
The Child Labor (Prohibition & Regulation) Act 1986 of India was the culmination of efforts and ideas that emerged from the deliberations and recommendations of various committees on child labor. Significant among them are the National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour (1979), and the Sanat Mehta Committee (1984).
The Act aims to prohibit the entry of children into hazardous occupations and to regulate the services of children in non-hazardous occupations. The Act,, in particular,
bans the employment of children, i.e. those who have not completed their 14th year, in specified occupations and processes (listed in the Schedule to the Act, attached at Annexure I);lays down a procedure to make additions to the schedule of banned occupations or processes;regulates the working conditions of children in occupations where they are not prohibited from working;lays down penalties for employment of children in violation of the provisions of this Act,, and other Acts which forbid the employment of children;brings uniformity in the definition of the "Child" in related laws.The protective legal provisions for working children in other laws are listed at Annexure II.
Top
GOVERNMENT OF INDIA'S POLICIES AND ACTIONS
The National Child Labor Policy
Increasing attention is now being paid to strengthening the enforcement machinery related to child labor. Soon after the enactment of the comprehensive Child Labor (Prohibition & Regulation) Act, 1986, the Government of India adopted a National Child Labor policy in 1987, in accordance with the constitutional provisions and various legislation on child labor. The idea of adopting a separate policy on child labor was not only to place the issue on the nation's agenda, but also to formulate a specific program of action to initiate the process of progressive elimination of child labor. The policy consists of three complementary measures:
Legal action plan: This policy envisages strict enforcement of the provisions of the Child Labor (Prohibition & Regulation) Act, 1986 and other child-related legislation.Focus on general development programs benefiting children wherever possible: The policy envisages the development of an extensive system of non-formal education for working children withdrawn from work and increasing the provision for employment and income generating schemes meant for their parents. A special cell - Child Labor Cell - was constituted to encourage voluntary organizations to take up activities like non-formal education,- vocational training, provisions of health care, nutrition and education for working children.Area specific projects: To focus on areas known to have high concentration of child labor and to adopt a project approach for identification, withdrawal and rehabilitation of working children.Top
Central Advisory Board on Child Labor
The Central Advisory Board on Child Labor was constituted on March 4, 1981. The following are the terms of reference of the Board:
Review the implementation of the existing legislation administered by the Central Government.Suggest legislative measures as well as welfare measures for the welfare of working children.Review the progress of welfare measures for working children.Recommend the industries and areas where there must be a progressive elimination of child labor.The Board was reconstituted last on November 2, 1994. The Union Labor Minister is the Chairman of the Board. The other Members of the Board include representatives from the various sister ministries, Members of Parliament, non-governmental organizations, representatives of major trade unions and employers' organizations. A copy of the Resolution constituting the Board is at Annexure-III. The last meeting of the Board was held on December 27, 1995.Top
Child Labor Technical Advisory Committee:
Under Section 5 of the Child Labor (P&R) Act 1986, the Government of India is empowered to constitute a Child Labor Technical Advisory Committee for the purpose of addition of occupation and processes in the Schedule to the Act. The Committee consists of a Chairman and members not exceeding ten. The Committee has been reconstituted on February 5,,1996 under the chairmanship of Director General of Indian Council of Medical Research. A copy of the notification constituting the Child Labor Technical Advisory Committee is at Annexure-IV.Top
National Child Labor Proiects (NCLP)
Under the action plan of the National Policy on Child Labor, there have been National Child Labor Projects (NCLP) set up in different areas to rehabilitate child labor. A major activity undertaken under the NCLP is the establishment of special schools to provide non-formal education, vocational training, supplementary nutrition etc. to children withdrawn from employment. Under the project based action plan of the policy, 12 NCLPs were started in the States of Andhra Pradesh (Jaggampet and Markapur), Bihar (Garwah), Madhya Pradesh (Mandsaur), Maharashtra (Thane), Orissa (Sambalpur), Rajasthan (Jaipur), Tamil Nadu (Sivakasi) and Uttar Pradesh (Varanasi-Mirzapur-Bhadohi,, Moradabad, Aligarh and Ferozabad).Top
Rehabilitation of Children Working in Hazardous Occupations
A major program was launched on 15th August 1994 for withdrawing child labor working in hazardous occupations and for rehabilitating them through special schools. Under the program a total of two million children are sought to be brought out of work and put in special schools where they will be provided with education, vocational training, monthly stipends, nutrition and health-checks. As a follow-up, a high powered body, the National Authority for the Elimination of Child Labor (NAECL) was constituted on 26th September, 1994 under the Chairmanship of the Minister for Labor, Government of India. The functions of NAECL are:
to lay down policies and programs for the elimination of child labor, particularly in hazardous employmentto monitor the progress of the implementation of programs, projects and schemes for the elimination of child labor;to coordinate the implementation of child labor related projects of the various sister Ministries of the Government of India (to ensure convergence of services for the benefit of the families of child labor)Secretaries to Government of India in the Ministries of Labor, Information & Broadcasting, Welfare, Rural Development, Textiles and the Departments of Expenditure, Education, Health, Family Welfare and Women & Child Development are members of the National Authority for the Elimination of Child Labor. The NAECL has already met five times on October 1, 1994, November 1, 1994, January 1, 1995, July 10,1995 and December 31, 1996.Top
Present Coverage Under National Child Labor Project:
So far 76 child labor projects have been sanctioned under the National Child Labor Project Scheme for covering 150,000 children. Around 105,000 children are already enrolled in the special schools. The next table gives the figures of the state-wise coverage of children under the National Child Labor Project.
Coverage under National Child Labor Project
State Districts Sanctioned Schools Coverage Children Actual Schools Coverage ChildrenAndhra Pradesh 20 807 43550 610 36249Bihar 08 174 12200 173 10094Gujarat 02 040 2000 023 1254Karnataka 03 100 5000 024 1200Madhya Pradesh 05 138 9800 087 6524Maharashta 02 074 3700 024 1200Orissa 16 430 33000 239 14972Rajasthan 02 060 3000 054 2700Tamil Nadu 08 379 19500 307 14684Uttar Pradesh 04 150 11500 105 7488West Bengal 04 219 12000 164 8250
Total7625711552501810104615
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Assistance to Voluntary Organizations:
Under the grant-in-aid scheme, voluntary organizations are being financially assisted to the extent of 75% of the project cost for taking up welfare projects for working children where the children are provided with education, supplementary nutrition, health care and vocational/skill training. The voluntary organizations, which were extended assistance under the scheme during 1996-97 (up to December 1996), are:
1.The Congregation of the Sisters of the Cross of Chavanad, Tiruchirapalli, Tamil Nadu2. Indian Council for Child Welfare, New Delhi3. Karnataka State Council for Child Welfare, Bangalore, Karnataka4. India International Rural Centre, New Delhi5. Vivekananda Education Society, Calcutta, West Bengal6. Shramik Vikas Sewa Ashram, Allahabad,, Uttar Pradesh7. Gramin Sansadhan Vikas Parishad, Buxur,, Bihar8. United Club, Ujini, Orissa9. Jibaramjee Club, Orissa10.Gram Vikas Seva Samity, Allahabad, Uttar Pradesh11.Karimpur Social Welfare Society, District Nadia, West Bengal12.Indian Council for Child Welfare, Tamil Nadu13.ViJayapuram Praja Seva Samithi, Chittoor, Andhra Pradesh14.Bandhuwa Mukti Morcha, New Delhi15.Rafi Ahmed Kidwai Shiksha Samiti, Khurda, Bhopal, Madhya Pradesh16.Gram Swaraj Abhiyan Sansthan, Baishali, Bihar17.Mahatma Gandhi Khadi & Gramodyog Samity, Khurda, Orissa18.Gopal Samaj Kalyan Pratishthan,, Nalanda, Bihar19.Mithila Gram Vikas Parishad,, Darbhangha, Bihar20.Navachaitanya Academy for Youth Advancement, Vishakapatnam, Andhra Pradesh21.All India Santhan Welfare & Cultural Society, New Delhi22.Unemployed Young Workers' Society, Burdwan, West Bengal23. Village Reconstruction & Development Project, Salem, Tamil Nadu24.Daroga Prasad Roy Mahila Prashikshan Avam Audogik Kendra, District Saran, Bihar25.Manab Seva Sadan, Dhenkanal, Orissa26.Bagmari Youth Progressive Association, Calcutta27.Bhagra Diamond Club, Burdwan, West Bengal28. Social Environmental and Rural Technology Council, Pallel, Manipur29.Manorama Mahila Mandal, VaishaliTop
Budgetary Support to Child Labor Program
A plan provision of Rs. 150 million was made for child labor elimination program in India's Eighth Five-Year Plan (1992-93 and 1996-97). The budgetary allocation was substantially stepped up after the launching of program in August 1994 for the rehabilitation of child labor working in hazardous occupations. The allocation during 1995-96 and 1996-97 was of the order of Rs.344 million and Rs.560 million. As against this, the actual expenditure for these two years was of the order of Rs.343 million and Rs.338 million respectively. The allocation for 1997-98 is Rs.784 million. (In 1995-96 and 1996-97, $1= Rs.35 approximately. In 1997-98, $1 = Rs. 37 approximately).Top
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Status of Free and Compulsory Education
India's National Policy on Education, 1986 gives the highest priority to the program of universal elementary education, and recommends that free and compulsory education of sufficient quality be provided to all children up to the age of 14 years before we enter the 21st century. The present thrust is on three aspects, namely, universal access and enrollment, universal retention of children up to 14 years of age, and substantial improvement in the quality of education to enable all children to achieve essential levels of learning. All these aspects have been incorporated in the various initiatives taken up by the Ministry of Human Resource Development.
All the State Governments have abolished tuition fees in government schools up to the upper primary level Education. In schools run by local bodies and private-aided institutions is almost free. However, unaided institutions (3 to 7%) do charge fees. Compulsory Education Acts have been enacted in 14 states and 4 Union Territories viz. Assam, Andhra Pradesh, Bihar, Delhi, Gujarat, Haryana, Jammu & Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Kerala, West Bengal, Chandigarh, Pondicherry and Andaman and Nicobar Islands.Top
SUPREME COURT DIRECTIONS ON CHILD LABOR
The Supreme Court of India, in its judgement dated 10th December, 1996 in Writ Petition (Civil) Number 465/1986, has given certain directions regarding the manner in which children working in the hazardous occupations are to be withdrawn from work and rehabilitated, and the manner in which the working conditions of children working in non-hazardous occupations are to be regulated and improved. The judgement of the Supreme Court envisages:
(a) Simultaneous action in all districts of the country;
(b) Survey for identification of working children (to be completed by June 10, 1997)
(c) Withdrawal of children working in hazardous industries and ensuring their education in appropriate institutions;
(d) Contribution of Rs.20,000 per child to be paid by the offending employers of children to a welfare fund to be established for this purpose;
(e) Employment to one adult member of the family of the child so withdrawn from work, and if that is not possible a contribution of Rs.5000 to the welfare fund to be made by the State Government;
(f) Financial assistance to the families of the children so withdrawn to be paid out of the interest earnings on the corpus of Rs.20,,000/25,000.00 deposited in the welfare fund as long as the child is actually sent to the schools;
(g) Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for at least two hours is ensured. The entire expenditure on education is to be borne by the concerned employer;
( Planning and preparedness on the part of Central and State Governments in terms of strengthening of the existing administrative/regulatory/enforcement frame-work (covering cost of additional manpower, training, mobility, computerization etc.) implying additional requirement of funds.
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Follow up Action on the Directions of the Supreme Court
As a follow up of the directions of the Supreme Court, all the State Governments were sent detailed guidelines on December 26, 1996 indicating the manner in which the directions of the Supreme Court were to be implemented. A meeting of the NAECL was convened on 31st December 1996 to discuss the directions of the Supreme Court on child labor. It was decided in the meeting that the Ministry of Labor should immediately release funds to the State Governments so as to enable them to conduct surveys of working children before June 10, 1997. A conference of the Lab6r Ministers of State/Union Territories was convened on January 22,1997 to finalize an action plan for the implementation of the directions of the Supreme Court on withdrawal and rehabilitation of working children. In the conference, all the participating States and Union Territories welcomed the judgement and demonstrated their political will to eliminate child labor. However, all the States pleaded for additional and liberal financial assistance from the Central Government for implementing the judgement of the Supreme Court. The following significant recommendations were made in the Conference:
The survey envisaged in the judgement of the Supreme Court would be in two phases. In the first phase the survey would be conducted in all industries, establishments, shops, work places in urban and semi-urban catchment areas where hazardous processes will be identified. In the event of any child labor being found employed in any such process, simultaneous action would be taken to recover an amount of R.20, 000/from the offending employer. Hazardous establishments in the rural areas would also be fully covered by the survey in the first phase. The door-to-door survey for the purpose of identification and enumeration of working children will be taken up in the second phase.While primarily it is the responsibility of the State Governments to provide necessary funds for taking up activities in compliance of the directions of the Supreme Court, funds for conducting the survey will be released by the Central Government to the agencies at the district level immediately. If the funds released for the first phase of survey fall short of the actual requirement in any district, the State Governments will provide the additional funds for this purpose. Since this first phase of the survey is concentrated on industrial establishments, the requirement of funds would be worked out by the Central Government and the same would be released immediately.Immediate action will be initiated by the State Governments for strengthening the enforcement machinery at various levels and for creation of a separate cell at the State level to monitor and coordinate the activities to be taken up in compliance of the directions of the Supreme Court. They will also send their requirements of funds in this regard, if any, to the Planning Commission at the earliest.If the State Governments are not in a position to complete the survey by 10th June, they will apprise the Hon'ble Supreme Court about the reasons for delay and seek extension of time from the Hon'ble Supreme Court well in advance.If for some reason, the State Governments find it difficult to give effect to any one or more directions of the Supreme Court, they will seek necessary clarification/directions from the Hon'ble Supreme Court well in time.As a follow-up of the decision taken in the State Labor Ministers' Conference, the Chief Secretaries of State and Union Territories have been sent detailed guidelines for carrying out the survey as per the directions of the Supreme Court. A copy of the child labor survey form has also been sent to the Governments of State and Union Territories. Funds have been released to all the State and Union Territories governments for the purpose of conducting the surveys. The Chief Secretaries were specifically instructed that if the State Governments could not complete the surveys in time, they should apprise the Supreme Court through an affidavit about the reasons for delay and seek extension of time from the Supreme Court well in advance.
At Annexure V is the position on the implementation of the directions of the Supreme Court, as contained in the affidavit of the Secretary of Labour, Government of India on December 4,1997.Top
IPEC: ILO'S INTERNATIONAL PROGRAM FOR THE ELIMINATION OF CHILD LABOR
The International Program on the Elimination of Child Labor is a global program launched by the International Labor Organization in December 1991. India was the first country to join it in 1992 when it signed a Memorandum of Understanding with the ILO. The long-term objective of IPEC is to contribute to the effective abolition of child labor. Its immediate objectives are:
Elimination of the capability of ILO constituents and Non-Government Organizations to design, implement and evaluate programs for Child Labor Elimination;To identity interventions at community and national levels which could serve as models for replication; andCreation of awareness and social mobilization for securing elimination of child labor.
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According to information
Submitted by admin on Thu, 05/14/2009 - 13:44.
According to information received so far, the amount of compensation received from the offending employers has been as under:(i) Andhra Pradesh Rs. 40,000(ii) Haryana Rs. 80,000(iii) Karnataka Rs. 60,000(iv) Madhya Pradesh Rs. 20,000(v) Maharashtra Rs.200,000(vi) Orissa Rs.100,000(vii) Punjab Rs.120,000(viii) West Bengal Rs. 80,000
State Governments and Union Territory Administrations of Andhra Pradesh, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Goa, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Mizoram, Orissa, Pondicherry, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal have reported that separate Labour Cells have been constituted in the State Governments for ensuring enforcement of the various provisions of the Act and /or monitoring the activities taken up in compliance with the directions of the Hon’ble Court.Most of the State Governments and Union Territories which have replied to the questionnaire and where employment of children in hazardous occupations has been found, have reported that besides taking action for collection of compensation @ Rs.20,000 per child employed by the offending employer, penal action has also been initiated against the employer. In the State of Orissa such action is under process, while in the State of Meghalaya and Tamil Nadu, no such action is reported to have been initiated.The information asked for in the questionnaire is still awaited from the State Governments and Union Territories Administrations of Arunachal Pradesh, Assam, Bihar, Delhi, Gujarat, Himachal Pradesh, J&K, Nagaland and Rajasthan and would be furnished before the Supreme Court in the form of additional affidavit, when received. They have been demi-officially reminded on November 7, 1997 and again on December 3, 1997 to send their responses without delay.
That besides taking action to comply with the directions of the Supreme Court, as contained in the aforesaid judgement, the Central Government has also initiated action to amend the Child Labour (Prohibition and Regulation) Act of 1986 to make it more stringent and effective, on the basis of suggestions received from the State Governments. Necessary amendment proposal are being actively considered by the Government of India.
That besides initiating action to amend the Child Labour (Prohibition and Regulation) Act 1986, Government of India has also identified a number of new occupations and processes such as gem cutting & polishing, zari making, leather goods manufacturing, agarbatti manufacturing, lock making, sports goods manufacturing etc to mention a few, for inclusion in the Schedule to the Act so that employment in these additional occupations and process could be prohibited under Section 3 of the Act instead of being regulated.
That during the course of discussions with the representatives of ILO, it was revealed that the ILO could consider funding a second survey. Accordingly, a proposal for seeking financial assistance for conducting the survey has been sent to the International Labour Organization in Geneva. In the event of financial assistance from ILO not being available, funds for conducting the survey would be obtained from overall budgetary allocation, subject to the approval of Ministry of Finance.
That the Hon’ble Court would very kindly appreciate that the task relating to withdrawal of children from hazardous occupations and their rehabilitation, which is difficult and sensitive, cannot be the work of one single Ministry or Department or Agency. Instead it is the task of all concerned Ministries/Departments in the Central and State Governments, Central Employers’ & Trade Union Organizations, NGOs. etc. That this Hon’ble Court would also kindly appreciate that this age-old social evil cannot be eradicated by one single stroke. For grappling with and overcoming the problem of child labour in the country, which is of a formidable dimension, sustained efforts on the part of each one and everyone who is directly or indirectly concerned in the matter would need to be taken. During the last two years, the Central Government has started the National Child Labour Projects in 64 additional child labour endemic districts (taking the total number of projects to 76) and at present 105000 children are enrolled in the special schools which are being run under these projects. This respondent humbly submits that efforts would continue to be made at the Central and State level to give effect to the directions of this Hon’ble Court in letter and spirit with the ultimate objective of eliminating child labour in all its forms even though it may be somewhat difficult to precisely indicate a specific time frame by which child labour in all industries, occupations and processes can be eliminated lock, stock and barrel.
That, on the basis of the information contained in this affidavit, it is most humbly and respectfully prayed that this Hon’ble Court may be pleased to pass such orders and/or further directions as may be deemed fit and appropriate in the facts and circumstances of the केस

Source: Bolo India

http://boloindia.org/content/blog/child-labour-laws-india

ILO Says Criminals Make Billions From Forced Labor

ILO Says Criminals Make Billions From Forced Labor
By Lisa Schlein Geneva12 May 2009
The International Labor Organization says criminals are making $20 billion a year from forced labor and that figure is substantially higher when profits from sexual exploitation are factored in. A new report launched by the ILO in Geneva finds the impact of the global economic and jobs crisis is worsening the forced labor problem. New data from the International Labor Organization finds criminals now are making five times more in profits from forced labor than they did four years ago. At that time, the ILO reported they were making huge profits of $32 billion a year. That included $28 billion from sexual exploitation.
Roger Plant, of ILO, Special Action Program to Combat Forced Labor, answers journalists' questions in Geneva, Switzerland, 12 May 2009Roger Plant, heads the ILO's Special Action Program to Combat Forced Labor, tells VOA illicit profits from forced labor are likely to be much more now."In 2005, we looked at $4 billion of profits outside the sex industry. We are now saying, we have a loss to the workers of $20 billion outside the sex industry. So, we are likely to be dealing with a much more serious problem, "he said.That would add up to $52 billion, if the profits of sexual exploitation were the same.The ILO calls forced labor a global problem. It says this form of modern slavery operates in multinational companies in industrialized countries, not just in the informal sector of developing countries. The U.N. agency reports more than 12 million people around the world are trapped in all forms of forced labor. Between 40 and 50 percent are children under the age of 18. Plant says child labor is a particularly serious problem in West African countries. He adds the whole issue of forced labor has not received enough attention in Africa."For us, forced labor is a serious crime," added Plant. "It has to be dealt with through adequate penalties and it has to be strictly enforced. Sometimes in Africa, we found that there is a strong focus on slavery. But, sometimes quite low and weak penalties for a slaver. We also have got countries in West Africa where there has been a legacy of slavery and slavery-like conditions. These are quite serious problems that need to be strictly addressed." The report finds people are forced to work very long hours under bad conditions for no pay or very little pay in a wide range of industries. It says forced labor is appearing in electronics, automobiles and modern textiles, as well as in brick kilns, small fishing boats and backward agriculture in developing countries.In times of economic and financial crisis, it says migrants, including young women and children are more exposed to forced labor. Under conditions of hardship, the study notes vulnerable people will take more risks than before.

Source: http://www।voanews.com/english/2009-05-12-voa39.cfm