We failed yet again
- Essential Services
- by Jitendra Rath
- 18 Aug, 2016
India amended its Child Labour (Prohibition and Regulation) Act of 1986. A 2016 amendment bill was passed in the Upper House on July 19 and in the Lower House on July 27. Various newspaper reports suggested that around 37 Members of Parliament spoke during the debate. Many opposed certain contents of the Bill. There was a fair amount of opposition from the civil society working on the issue of child rights as well.
While amending the old Child Labour law is definitely a welcome step, the question remains if these amendments will ensure the rights of children and child labourers. Though the government says yes, the answer is not that simple.
Primarily, the amendment bans employment of all children below 14 years of age across all sectors. But it brings in two exclusions which are regressive in nature and that’s where we fail to protect the rights of our children and child labourers.
First, the amendment excludes children who are engaged in family enterprises (these enterprises shouldn’t be hazardous of course) or help their families, after school hours or during vacations. The government’s hypothesis is that education and work for such children can go hand in hand and they can learn new skills and so, therefore, can be excluded. Labour Minister Bandaru Dattatreya’s remark while defending this Amendment was outright appalling. He said, “In a Kirana shop, if there is a mother and child running it and the mother steps out for moment, who sits there? It’s the child”.
But isn’t this a very narrow way of looking at the issue of child labour? Are we not defining a complex social problem in a very simplistic manner? The minister’s view certainly reflects it.
According to 2011 Census, there are over 82 lakh children between 5-14 years who are engaged in labour activities. Uttar Pradesh, Bihar, Maharashtra, Rajasthan and Madhya Pradesh are the top five states which have the most number of children engaged in labour activities. Odisha is ranked 12th with 2.5 lakh child labourers. Though these are official figures (where numbers are likely to be suppressed), yet it reflects a tragic situation. It is tragic especially in the context of the Right to Education (RTE) Act, which the minister tried linking it with the Child Labour Amendment Act in his speech.
Spotting a child labourer is not that difficult. In urban spaces, they are near our homes working in garages, close to our offices working in kirana shops (the kind the minister mentioned), and in the roadside dhabas and hotels. In rural areas, they help their parents in household work, take the cattle out for grazing, and also take care of younger siblings in the family. Most of the time, they do not have an employer-employee relationship as they work within the family supporting it.
The new amendment permits these activities if the child is going to school. But it is often the opposite. In fact these very activities are the reason why children drop out from school and why the retention rate is low. It is also the reason why children perform poorly in their studies. In most cases, it is the family which is responsible for engaging children in these labour activities.
Therefore, the big question is how can the very reason responsible for the drop out of children be excluded from the amendment?
The second exclusion in the amendment are children who work as artists in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus; however subject to such conditions and safety measures, as may be prescribed and provided that such work does not affect the school education of the child. This is also a dubious move. Ranjana Das working on gender and development issues with Oxfam India says that “The appointment of children in entertainment industry even with their continuation in school is not a welcome step. We must not forget that entertainment industry as any other industry exhibits the same labour exploitation as any other industry and added to that brings in subtle sexism which may adversely impact adolescent girls and also boys in many cases.”
The amendment further defines adolescents as being between the age of 14-18 years and their employment is stated to be prohibited in hazardous occupations and processes. But the list of ‘hazardous occupations and processes’ have been slashed down to just three – mining, inflammable substances and hazardous process under the Factories Act, 1948. In the earlier Act of 1986, there were 18 hazardous occupations and 65 processes which were prohibited. It is difficult to fathom how the hazardous activities in the previous Act became non-hazardous in the succeeding Act. One could only take a wild stab that perhaps some sort of market forces were at work. This Amendment means that children above 14 years of age will be allowed to be engaged in trades like cinder picking, transport of passengers, automobile works, glass and fiber industries, hotels, tea shops, spas and recreational centers, firework shops, as domestic servants, and so on and so forth. These are clearly unsafe spaces for children.
But not all is lost. One, the creation of Child and Adolescent Rehabilitation Fund is a positive move. Initial reports suggest that the Fund will be constituted for one or more districts, in each state, for the rehabilitation of the child or adolescent rescued. The Act itself will provide for a fund to carry out rehabilitation activities. Two, though not very stringent but punitive provisions for violators and regular offenders will definitely instil some fear.
But the larger question is if two good moves should justify one bad step. We cannot take lightly, matters that concerns 40 per cent of our population. Though passed by the parliament, a voice is definitely building up and should continue to be raised, against these provisions of the act.
After all children are children and we should not do to other children what we do not do to our own.
Jitendra Rath, Programme Officer - Essential Services, Odisha.
Essential Services
We focus on ensuring access to quality and affordable health and education for all
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Sep 10, 2019 | oxfamadmin
Rachna’s Fight for Justice
Oct 7, 2019 | oxfamadmin
3 Key Observations from #WEF2016 that Indian Businesses Must Take Note Of
Sep 27, 2019 | oxfamadmin
Here’s Why States Need to Provide Free Basic Medicines
Nov 18, 2019 | oxfamadmin
Update: Oxfam to Provide Shelter to 300 Households Hit by The Manipur Earthquake
Apr 5, 2019 | oxfamadmin
In El Salvador, a struggle to survive El Niño
Oct 24, 2019 | oxfamadmin
Bihar designs a 15-year roadmap to reduce risk of disaster
Feb 20, 2020 | ursila
Violence as an Effective Mode of “Indian” Communication
Apr 5, 2019 | oxfamadmin
Because it’s 2015!
Sep 27, 2019 | oxfamadmin
Let’s welcome a new dawn, minus domestic violence
Oct 24, 2019 | oxfamadmin
Data and Discrimination: Women’s Ownership of Assets in India
Oct 24, 2019 | oxfamadmin
“No Woman, No Cry!”
Sep 27, 2019 | oxfamadmin
Pushing, pulling and the power of people: new horizons for corporate responsibility?
Jan 9, 2020 | oxfamadmin
Yes bank - say to inclusive and social banking and inclusive business model
Sep 27, 2019 | oxfamadmin
Creating shared value through inclusive business
Oct 7, 2019 | oxfamadmin
TATA consultancy services – empowering farmers with mobile technology
Sep 27, 2019 | oxfamadmin
What the CSR numbers don’t tell
Oct 1, 2019 | oxfamadmin
6 important things companies need to do to be inclusive
Nov 21, 2019 | oxfamadmin
Why businesses need to invest in creating a productive population for a sustainable future
Sep 10, 2019 | oxfamadmin
Jaipur rugs – weaving the lives of the poor into the global markets. an inclusive business model.
Oct 24, 2019 | oxfamadmin
The next 15 years: highlighting the role of the private sector in development
Oct 7, 2019 | oxfamadmin
Emphasizing a human rights-based approach to inclusiveness in business
Oct 30, 2019 | oxfamadmin
Privatising Forests: A Bad Idea
Oct 30, 2019 | oxfamadmin
Adoption of Agenda 2030: 17 SDGs for 15 years
Nov 15, 2019 | oxfamadmin
Five questions about the #GlobalGoals you were too embarrassed to ask
Oct 7, 2019 | oxfamadmin
Last mile smile
Oct 7, 2019 | oxfamadmin
Social responsibility of companies should not stop at 2%
Sep 27, 2019 | oxfamadmin
In ‘campaign mode’, states flout FRA rules
Sep 27, 2019 | oxfamadmin
“I will not leave my forest. I will keep my jungle”
Oct 1, 2019 | oxfamadmin
Healthcare for all in India: When, How, and Why RSBY?
Oct 24, 2019 | oxfamadmin
Where is the nutrition? Ask pregnant women in a village of Bihar
Jan 9, 2020 | oxfamadmin
Learning to read at schools, but where are the textbooks?
Oct 24, 2019 | oxfamadmin
Progressive tax norms must underlie financing of the Sustainable Development Goals
Sep 27, 2019 | oxfamadmin
Teachers needed! Government schools are falling behind due to lack of funds
Oct 24, 2019 | oxfamadmin
Protect and expand India’s public healthcare system: The inequality imperative
Dec 16, 2019 | oxfamadmin
“On My Second Day At School, A Kid Asked Me What Caste I Was”
Oct 7, 2019 | oxfamadmin
India’s missing girls: A tale of healthcare neglect faced by girls
Sep 9, 2019 | oxfamadmin
Should we only give attention to women’s health on International day of action?
Nov 18, 2019 | oxfamadmin
No respite for 72-year-old Sitaram, a month after #NepalEarthquake
Oct 7, 2019 | oxfamadmin
One month on, education of children still jolted by Nepal earthquake
Oct 24, 2019 | oxfamadmin
New worry for Nepal; landslides, floods may block relief work
Oct 7, 2019 | oxfamadmin
Monsoon preview in Kathmandu blows away shelters in relief camp
Oct 1, 2019 | oxfamadmin
Last mile distribution of relief supplies is biggest challenge in Nepal: Indian ambassador
Oct 7, 2019 | oxfamadmin
When Delhi’s Streets Buzzed with ‘Haq Banta Hai’
Oct 7, 2019 | oxfamadmin
Lack of water, toilets making things worse for women in Nepal
Oct 7, 2019 | oxfamadmin
Oxfam India gets government approval to respond to #NepalEarthquake in 28 hours
Apr 5, 2019 | oxfamadmin
Desperation creeping in, people in Nepal wait for aid
Oct 7, 2019 | oxfamadmin
#OxfaminNepal: “More than 60,000 litres of water has been provided till now”
Oct 7, 2019 | Avantika
Political (and some other) priorities in Nepal as of 28 April 2015
Oct 30, 2019 | oxfamadmin
#Nepal Earthquake: “The death toll has crossed 2000 and this is just the beginning”
Jan 9, 2020 | oxfamadmin
#NepalEarthquake: It is going to be a long road to recovery
Oct 24, 2019 | oxfamadmin
Money Matters!
Oct 24, 2019 | oxfamadmin
All for Education, Education for All
Oct 7, 2019 | oxfamadmin
When schools continue to exclude, can education reduce caste discrimination in India?
Feb 20, 2020 | oxfamadmin
Ensuring the right to education, forming bonds for life
Oct 1, 2019 | oxfamadmin
How can India send a spaceship to Mars but not educate its children?
Sep 30, 2019 | oxfamadmin
India wins in cricket, but losing out on education
Sep 30, 2019 | oxfamadmin
Oxfam's 'Even it up' report a must read lesson on Inequality
Oct 24, 2019 | oxfamadmin
It’s time to understand ‘womanhood is beyond maternity’
Oct 7, 2019 | oxfamadmin
The True Measure of Land's Value
Oct 7, 2019 | oxfamadmin
The “Ten-thousand Committee”: Reviving VHSNCs in Jharkhand
Oct 1, 2019 | oxfamadmin
Singing their way out of child marriage
Sep 10, 2019 | oxfamadmin
Land Acquisition bill tests government’s pro-poor stance
Oct 1, 2019 | oxfamadmin
Breaking the silence, standing tall
Sep 27, 2019 | oxfamadmin
Making a Song and Dance about Child Marriage
Oct 7, 2019 | oxfamadmin
Let’s Talk About Sex
Sep 10, 2019 | oxfamadmin
Mobile technology solutions could be a game changer for maternal health: Scribes
Sep 27, 2019 | oxfamadmin
Missing Girls: The Puzzling Domestic Violence Agenda
Oct 3, 2019 | oxfamadmin
Her Ghar: A right to residence for every woman
Oct 7, 2019 | oxfamadmin
Considering Gender: A Mediaperson’s Guide to Covering Disasters
Dec 16, 2019 | oxfamadmin
True Grit
Apr 5, 2019 | oxfamadmin
Violence against women and star power: Does their magic wand work?
Oct 24, 2019 | oxfamadmin
Having Those Difficult Conversations
Oct 24, 2019 | oxfamadmin
Day of the Man: guarding the china shop
Oct 7, 2019 | oxfamadmin
Gender parity needs to begin at home with mother’s guardianship rights!
Sep 9, 2019 | oxfamadmin
It’s a Girl!
Oct 1, 2019 | oxfamadmin
Let’s Help End Domestic Violence!
Oct 24, 2019 | oxfamadmin
A Few Good Men
Oct 7, 2019 | oxfamadmin
Promises to keep—Implementation of PWDV Act in Odisha
Sep 27, 2019 | oxfamadmin
Make 16 Days of Activism an Everyday Practice
Oct 30, 2019 | oxfamadmin
Witch-Hunting: A less talked about form of Violence Against Women
Oct 24, 2019 | oxfamadmin
Markets Also Discriminate
Oct 7, 2019 | oxfamadmin
Let’s Talk About Domestic Violence!
Oct 7, 2019 | oxfamadmin
Getting Serious about Ending Violence against Women and Girls
Oct 3, 2019 | oxfamadmin
Right to a Violence Free Life
Sep 10, 2019 | oxfamadmin
It’s all about the money
Sep 10, 2019 | oxfamadmin
‘It’s No Longer Funny': The Funding Wars That’ll Dictate Our Future
Oct 7, 2019 | oxfamadmin
Girl, Interrupted
Oct 1, 2019 | oxfamadmin
16 Pictures From Imagining Inequality That WiIl Tell You The Truth #evenitup
Oct 24, 2019 | oxfamadmin
These 8 Goals Were Set To Develop The World, But 14 Years Since, This Is Where We Stand
Dec 5, 2019 |
A Look At The Year 2029: What Kind Of Legacy Will We Leave Behind For Our Future Generations?
Nov 18, 2019 |
These 8 Goals Were Set To Develop The World, But 14 Years Since, This Is Where We Stand
Oct 24, 2019 | oxfamadmin
BRICS bank a necessary step, but needs more transparency
Sep 9, 2019 |
Short term memory and Long term needs!
Oct 7, 2019 |
A people’s budget has to go beyond...
Oct 24, 2019 |
National Shame, National Failure
Sep 27, 2019 | oxfamadmin
Oxfam India pledges its support to #BringBackOurGirls
Oct 1, 2019 | oxfamadmin
Closing the Gap on Gender: Is India up for the challenge?
Nov 15, 2019 | oxfamadmin
She tills, she sows, but she does not own
Oct 7, 2019 | oxfamadmin
Take a pause: what do the Uttrakhand floods tell us about India’s development model?
Sep 10, 2019 | oxfamadmin
Saving lives on sharp turning roads
Oct 1, 2019 | oxfamadmin
They do mind the gap
Oct 7, 2019 | oxfamadmin
Right to Education, still a long way to go.
Oct 1, 2019 | oxfamadmin
Can We Close the Gap on Women's Inequality in India?
Oct 30, 2019 | oxfamadmin
Breaking Old Barriers and Building New Alliances for Food Justice in India and Globally
Oct 24, 2019 | oxfamadmin
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