Child labour in India

The problem of child labour and exploitation of children continues unabated in India. According to the 2011 census, over four million children in the age group of 5-14 years are being exploited as child labourers. This figure is certainly shocking considering the constitutional provisions that have been laid down in Indian constitution prohibiting child labour. Despite more than 60 years afterIndependence, the situation has not yet improved.

Why has the menace of child labour not been eradicated? This is certainly related to the shoddy implementation of the law at the ground level. That said, we have a multitude of laws banning child labour even to the extent of awarding harsh provisions like imprisonment upto 2 years. However, the conviction rate is abysmally low. People are, thus, relatively confident that they can get away from the clutches of law very easily.

Moreover, the law prescribes punishment for the employers only. There is no provision to ensure accountability of those employed in enforcement agencies, like factory inspectors and labour inspectors. These people at the position of authority are as much culpable as the employers violating the law.

The Indian law bans child labour in the age group of 6-14 years in the areas of hazardous employment. The open-ended nature of laws have provided the offenders much leeway to employ children as domestic help or agricultural labourers. As a result, the drop-out ratio of children in the primary and secondary schools is very high. In the long run, the productivity of the nation decreases as these helpless hands cannot be translated into productive human capital. The lowly nature of the work thus drives such people into perpetual poverty.

Lastly, the rehabilitation homes and child-care centres are available in select few towns and cities. The commission for protection of child rights act,2005 was enacted to provide for the creation of National Commissions and state commissions for the protection of child rights and children’s courts for the speedy trial of offences pertaining to violation of child’s rights. These institutions are rarely seen to have imposed penalties on the defaulters.

Thus, it is imperative that there ought to be stringent implementation of the laws accompanied with assured conviction to the offenders. Not only the employer should be held responsible, but the labour inspectors need to be held accountable if children are found working within their jurisdiction. Al forms of child labour needs to be prohibited and it should be made a cognizable and non-bailable offence. Rehabilitation should be made an integral part of the law on child labour. Rehabilitation measures should be included in government schemes and must address economic rehabilitation of parents, wherever necessary.