Children & Child Labour

Children constitute over a third of India’s population of a 1.21 billion and yet they are only perceived as the ‘future generation’ of economically contributing adults and not as citizens of today. Children’s issues remain largely invisible and de-prioritized as they do not constitute the vote bank; they do not figure in electoral outcomes – an issue such as inflation could make or break a government but the fact that every second child in the country is malnourished.

Recent Developments

Children in A Digital World

UNICEF has released 2017 edition of its flagship publication “The State of the World’s Children’s Report”. Themed “Children in a digital world”, the latest report provides country-level examples to give a sense of the kinds of barriers- girls and women confront. Some of the key findings of the report are-

  • Globally, 12% more men than women used the internet in 2017. In India, less than one third of internet users are female.
  • Recently, India has made a public push towards a more digitalised economy, including reducing dependency on physical cash. If girls and women remain digitally illiterate, they risk becoming further marginalised in society and at home.
  • The report examines how the internet increases children’s vulnerability to risks and harms, including by misusing their private information, accessing harmful content, and cyberbullying.
  • The report notes that the ubiquitous presence of mobile devices has made online access for many children less supervised, and potentially more dangerous.
  • Moreover, digital networks, like the “Dark Web” and crypto-currencies, are enabling the worst forms of exploitation and abuse, such as trafficking and “made to order” online child sexual abuse.

Factors Responsible for Digital Gender Divide: The report says the digital gender divide is caused by a number of factors — social norms, education levels, lack of technical literacy and lack of confidence among them — but is often rooted in parents’ concern for the safety of their daughters.

At present, according to UN report:

  • India’s share of global child deaths, for the first time, equals its share in the global birth cohort.
  • India accounts for 18 per cent of global births, and now also 18 per cent of global child deaths following a steady decline from 22 per cent in 2012.
  • Following initiatives like Mission Indradhanush, Mother and Child Tracking System and neonatal ICUs in every district, India has made remarkable progress over the last five years. The number of Indian children who died before their fifth birthday went below one million for the first time. But, at 9,89,000, the absolute number is still staggering.

Policy Advancements for Children

i. National Policy for Children (1974):National Policy for Children, 1974 was the first child welfare policy formed by the Government of India. According to it the State has 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.

ii. National Policy for Children (2013): The National Policy for Children, 2013 is the second child welfare policy. It for the first time defines a child is any person below the age of 18 years and states that childhood is an integral part of life with a value of its own and it requires a long term, sustainable, multi-sectoral, integrated and inclusive approach for their overall and harmonious development and protection. It dictates that

  • Every child has universal child rights.
  • Every child has the right to life, survival, development, education, protection and participation.
  • Right to life, survival and development goes beyond the physical existence of the child and also encompasses the right to identity and nationality.
  • Mental, emotional, cognitive, social and cultural development of the child is to be addressed in totality.
  • All children have equal rights and no child shall be discriminated against on grounds of religion, race, caste, sex, place of birth, class, language, and disability, social, economic or any other status.

SAKSHAM – Rajiv Gandhi Scheme for Empowerment of Adolescent Boys

This scheme is implemented by Ministry of Women and Child Development with objectives:

  • The scheme was launched for the empowerment of adolescent boys.
  • The main objectives of this scheme are to facilitate, educate and empower adolescent boys so as to enable them to become self-reliant, gender-sensitive and aware citizens.
  • The scheme will cover all adolescent those who go to school or out of school in the age-group of 11-18, subdivided into the categories of 11-14 and 14-18.
  • The scheme also helps in health, education, skill development of adolescent boy.

Criminal Law (Amendment) Act, 2018

The Criminal Law (Amendment) Act, 2018 passed by the Two House on 06th August, 2018. This Act provides for further amendment to the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.

Key Highlights

  • Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of 20 years and is extendable to life imprisonment or death.
  • Rape of girls below the age of 16 years is punishable with imprisonment of 20 years or life imprisonment.

Rashtriya Kishor Swasthya Karyakram (RKSK)

  • The Ministry of Health & Family Welfare launched (on 7th January, 2014) a health programme for adolescents, in the age group of 10-19 years, which would target their nutrition, reproductive health and substance abuse, among other issues.
  • The key principle of this programme is adolescent participation and leadership, Equity and inclusion, Gender Equity and strategic partnerships with other sectors and stakeholders. The programme envisions enabling all adolescents in India to realize their full potential by making informed and responsible decisions related to their health and well-being and by accessing the services and support they need to do so.
  • To guide the implementation of this programme, MOHFW in collaboration with UNFPA has developed a National Adolescent Health Strategy.

Intensified Diarrhoea Control Fortnight (IDCF)

  • The Intensified Diarrhoea Control Fortnight (IDCF) was observed from 11th to 23rd July 2016 across the country. The importance of this activity is that ORS will be available in the household when needed at the time of diarrhea.

National Deworming Day (NDD)

  • The National Deworming Day, a flagship initiative of the Ministry of Health & Family Welfare, was observed on 10 February 2016. It is the largest ever single-day public health campaign in the world targeting approximately 27 crore children aged 1-19 year throughout the country at risk of parasitic worm infection, through the platform of schools and anganwadi centres.

Kilkari

  • Kilkari, which means ‘a baby’s giggle’, delivers free, weekly, time-appropriate 72 audio messages about pregnancy, child birth and child care directly to families’ mobile phones from the second trimester of pregnancy until the child is one year old.

M-Cessation

  • M-Cessation aims at reaching out to those willing to quit tobacco use and support them towards successful quitting through text messages sent via mobile phones. When offered along with traditional services, M-Cessation has been found to be cost-effective in comparison to traditional options for cessation support.

National e-Health Authority (NeHA)

  • National e-Health Authority (NeHA) will be an integrated health information system. It will help avoid problems arising out of uncoordinated induction of IT systems in hospitals and public health systems. It will also enforce the laws and regulations relating to the privacy and security of patients’ health information and records. There would be a provision of Electronic Health Records (EHR) of patients.

Weekly Iron Folic Acid Supplementation (WIFS) Programme

  • It entails provision of weekly supervised IFA tablets to in-school boys and girls and out-of-school girls and biannual albendazole tablets, besides Nutrition & Health Education. Upto 2nd quarter of 2017-18, 3.9 crore beneficiaries (adolescent boys & girls) benefitted under WIFS.

Peer Education Programme

  • Under the programme four peer educators (Saathiya) - two male and two female are selected per 1000 population to orient the adolescents on health issues. The Peer Education programme is being implemented in 211 districts and till date 1.94 Lakh PEs have been selected and training of ANMs and Peer Educators is under process.

Integrated Child Protection Scheme

  • The Ministry of Women and Child Development is executing an Integrated Child Protection Scheme for ensuring implementation of the JJ Act. The scheme has been brought under the Umbrella ICDS as its sub-scheme with the nomenclature as Child Protection Services. The erstwhile ICPS got EFC approval for the FFC period 2017-18 & 2019-20.

Introduction of New Vaccines

  • Rotavirus Vaccine: Rotavirus vaccine is given under UIP as a 3 dose vaccine along with Pentavalent 1st, 2nd and 3rd dose. The vaccine was launched on 26th March 2016 and has been introduced in four states i.e. Andhra Pradesh, Odisha, Haryana and Himachal Pradesh. Rotavirus vaccine expansion to four more States (Madhya Pradesh, Assam, Rajasthan and Tripura) has been done on 18th February 2017 and planned in Tamil Nadu and Uttar Pradesh in 2017-18.
  • Adult JE Vaccine: Japanese Encephalitis vaccination was expanded in adult population of districts with high disease burden of adult JE. Recently, 21 high burden districts from Assam, Uttar Pradesh and West Bengal have been identified for adult JE vaccination.
  • Mission Indradhanush: Second phase of MI continued in Jan 2016 in 352 districts. Phase III was implemented from April to July 2016 in 216 districts of the country.

POCSO Act 2012

The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a gender-neutral legislation. It defines a child as any individual below 18 years and provides protection to all children from sexual abuse. Definition of child sexual abuse is comprehensive and encompasses the following:

  1. penetrative sexual assault,
  2. aggravated penetrative sexual assault,
  3. sexual assault,
  4. aggravated sexual assault,
  5. sexual harassment,
  6. using child for pornographic purpose, and
  7. trafficking of children for sexual purposes.
  • Government of India on 08th January, 2019 introduced The Protection of Children from Sexual Offences (Amendment) Bill, 2019 in Lok Sabha to make amendments in the POCSO Act.
  • The 2019 Bill seeks to provide death penalty for aggravated sexual assault on children, making it gender neutral and introducing provisions against child pornography and for enhancing punishment for certain offences.

Child Labour in India

More than 200 million children worldwide are still working as child labourers and a staggering 115 million at least and are subject to its worst forms.

  • As per the National Census 2011, there are close to 10.1 million child labourers in India, in the age group of 5 to 14 years.
  • There are 22.87 million working children in India between 15-18 years. As per 2011 Census, 1 in 11 children still are working in India (5-18 years). Around 80% of the child labour in India is concentrated in rural areas.
  • Around 168 million children are estimated to be engaged in Child Labour around the world (ILO, 2012) that means every 17th working child in the world is in India
  • The child labourers were mostly working in paan (betel), bidi, construction, domestic work, spinning and weaving sector. However sectoral dis-aggregated data on child labour from 2011 Census was not available.

Sustainable Development Goals and Child Labour

Goal 8: Promote inclusive and sustainable economic growth, employment and decent work for all

  • 8.7 – Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms

Goal 16: Promote just, peaceful and inclusive societies

  • 16.2 –End abuse, exploitation, trafficking and all forms of violence and torture against children

Definition of Child Labour

  • The International labour Organization (ILO) defines child labour as work that deprives children of their childhood, their potential and their dignity, work harmful to physical and mental development.
  • Widespread problem of child labour in India notwithstanding, India remains strongly committed to the eradication of all forms of child labour. This is evident from the fact that there are various legal and institutional measures are in place to curb the menace of child labour.

Government Interventions

National Child Labour Project (NCLP)

  • To rehabilitate the children withdrawn from work, the Government is implementing the National Child Labour Project (NCLP) Scheme in 266 districts of the country.
  • The NCLP Scheme started in 1988. Under the Project, children withdrawn from work are enrolled in special schools, where they are provided education, vocational training, nutrition, stipend, health care, etc. before mainstreaming them into formal education system.
  • A Central Monitoring Committee under the Chairpersonship of Secretary, Ministry of Labour & Employment with representation from State Governments and concerned Ministries/Departments has been set up for supervision, monitoring and evaluation of the National Child Labour Project.

Constitutional Provisions for Children’s Rights

  • Article 24: No child below the age of 14 years shall be employed to work in any factory, or mine, or engaged in any other hazardous employment.
  • Article 21 (A): The State shall provide free and compulsory education to all children between six years and 14 years.
  • Article 39-e: The State shall 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 they are not forced by economic necessity to enter vocations unsuited to their age and strength.
  • Article 39-f: Children shall be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that their childhood and youth shall be protected against moral and material abandonment.
  • Article 45: The State shall endeavour to provide within a period of 10 years from the commencement of the Constitution for free and compulsory education for all children until they complete the age of 14 years.

Child Labour (Prohibition and Regulation) Act, 1986

  • The Child Labour (Prohibition and Regulation) Act, 1986 is the key law governing and preventing child labour in India. The Act was enacted to prohibit the engagement of children below the age of fourteen years in factories, mines and hazardous employments and to regulate their conditions of work in certain other employments. The Central Industrial Relation Machinery (CIRM) in the Ministry of Labour is responsible for enforcing this Act.

Child Labour (Prohibition and Regulation) Amendment Act, 2016

  • The Child Labour (Prohibition and Regulation) Amendment Act, 2016 receives the assent of the President on 29th July, 2016. The Act came into force in order to amend Child Labour (Prohibition and Regulation) Act, 1986.
  • The original act prohibited employment of children below 14 years in certain occupations such as automobile workshops, bidi-making, carpet weaving, handloom and power loom industry, mines and domestic work.In light of the Right of Children to Free and Compulsory Education Act, 2009, the amended Act now prohobits employment of children below 14 years in all occupations except where the child helps his family after school hours.
    • It adds a new category of persons called “adolescent”.An adolescent means a person between 14 and 18 years of age.The act prohibits employment of adolescents in hazardous occupations as specified (mines, inflammable substance and hazardous processes).

Right to Free and Compulsory Education Act (2009)

  • The Constitution (86th Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
  • The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
  • By ensuring free education to children, these measures would help to combat the menace of child labor in India.

Other Laws related to Children

  • Protection of Children from Sexual Offences Act, 2012
  • Bonded Labour System (Abolition) Act, 1976
  • Children (Pledging of Labour) Act, 1933
  • Child Labour (Prohibition and Regulation) Rules, 1988
  • Child Labour (Prohibition and Regulation) Act, 1986
  • Commission for Protection of Child Rights Rules, 2006
  • Commission for Protection of Child Rights, Rules 2006
  • Commissions for Protection of Child Rights Act, 2005
  • Convention on the Rights of Children CRC
  • Factories Act, 1948
  • Guardians and Wards act 1890
  • Hindu Minority and Guardians Act 1956
  • Immoral Traffic (Prevention) Act, 1956
  • Infant Milk Substitues Feeding Bottles and Infant (Regulation of Production, Supply and Distribution) Amendment Act 2003
  • Juvenile Justice (Care and Protection of Children) Act, 2000
  • Mines Act, 1952
  • National Food Security Act, 2013
  • Prohibition of Child Marriage Act 2006
  • Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
  • Right of Children to Free and Compulsory Education Act 2009
  • Young Persons (Harmful Publication) Act, 1956

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