|
[[श्रेणी:अकार्बनिक यौगिक]]
THE CHILD LABOUR AND LAW
( 1st May World Labour Day )
Labour plays a vital role in economic and social development of the country . Labour is the basis of any development. There was always been existing a labour law in the world. However, because of defective economic system, imbalance industrial and economic development so many problems have arisen in the country. On the one hand labour and labour related problems to economic socially today main problem operation of the labour they are fighting for their own survival and due to their economic liability they are forced to send their infant on child labour and leads to child labour problem. On induction to child labour, children are lead to criminal activity directly or indirectly.
The child labour is defined as children below the age of 15 years who are forced to earn money physically,mentally,directly or indirectly. As a child labour once loses the opportunity of education and social growth in his/her early childhood and thus such children are called child labour according to world labour organisation 138th convention, children below the age of 15 years have been restricted to work to earn money for livelihood however, in the case of developing countries the age limit is lowered to 12 or 13 years to work but these should hinder their educational pursuit. Children below the age of 14 years preferred to work in the small scale industries like weaving of carpet etc.
On temporary basis child labour should not be forced to slavery, bonded labour, professional and sexual discrimination and hard labour. In the modern academic system children will be encouraged to learn and earn money to support their family. In this way we can remove the child labour. About 30% population of children in poor countries thus not even get one time meals. Parents of such children are illiterate or unemployed thus; they have forced to send their children for work. Child labour is in fact the product of poverty and unemployment. To solve this problem government should try to eliminate poverty vis-a-vis provide more employment opportunity.
There have been different reasons of child labour in the different countries bit there are some common reasons of which child labour problem is becoming serious and grave. Poverty, faulty government policy, lack of education, expensive schooling, economic greed of guardian typical joint family, absence of good labour law is some of the usual cause of child labour.
According, to survey about 1,80,0000 children are working in difficult situation out of which 1,10,0000 are below 15 years of age involved in bonded labour, prostitution, human trafficking or engaged with criminal activities. Besides out of the above total figure 90% children are hailing from rural areas. These children are engaged in several illegal activities, which led them to crime. The ambition of elimination of poverty will not be achieved by 2016 unless the root cause of child labour is not identified.
The following may be implemented to solve the problem of child labour. Stable, labour law, under which children should not be allowed working in hotels and motels. Provisions contained in child labour prohibition act 1986 as amended and enforced wef 10 October 1986 under which employer of child labour is liable to be sent to prison should be implemented strictly. Children released from bonded labour should be sent to re-habilitation centres established by union labour ministry.
To help children round the clock, phone facility is available on number 11098 in 72 districts of the country. In Chhattisgarh Raipur & Bilaspur and MP Child help line have been started in Bhopal and Indore and about 280 services centres throughout the country are operating for developments of children. Integrated child development services, sarva siksha abhiyan, gramin swasthya seva, pulse polio programme, mid day meal, girl child education programme have initiated by the government. However, for accomplishment of these programmes all citizens should co-operate the government.
Lack of hard work, illiteracy, alcoholism, increasing rate of crime, forced illegal and unjust child labour are the main cause of poverty and backwardness of the country. Forcing children below the age of 15 years from any section of the society for earning lively hood is called child labour.
In 0ur society where the human rights of the adult labour are denied, how can we think of justice to the child labour? When the child is denied of human right and justice he resorts to the inhuman criminal offences. It is the prime cause of birth of child cum adult criminal in the society. The Citizens of India will have to make an individual and joint effort to wipe out the socially evil child labour from the country. Moreover, problem of child labour is not rested with regional territories but it has crossed international borders and wide spread throughout the world. In spite of collective effort of some genuine NGOs and government agencies the cries of child labour are increasing leaps and bounds. If nothing is done to stop the crime of child labour the issue can be of grave nature. Countries legal machinery and administrative effort will be second to eliminate this cause, first we have to come forward loyally.
We are aware of different features of the Indian labour market. Main object of it is un-organized sector which does not covered under any labour law and the secondary object is another sector where rules are existing not in force. Although, in the Indian context both labour and labour market are enforced with laws by central as well as state governments, but when we talk about labour value and labour welfare, reality differs and one has to accept that child labour are in the worst conditions in comparison with adult labour. Therefore, the voices and crises of child labour and government agencies working for their welfare and child labour rehabilitation programme are the subject of investigation.Constitutionally provided fundamental rights such as right to equality, right to freedom and right to education and oppression are guideline for prevention of child labour and their rehabilitation. One of the most emerging laws is prohibition of child labour act 1986.
The Child labour is the outcome of industrialization. After industrialization the demand of children to work in the industries has increased. Due to absence of definite law child labour has been gradually increasing. So far, due to lack of effective laws in the country children are led to child labour and are physically and mentally oppressed. There is neither age limit for the children to work nor pay fixation, working conditions are laid by any law in the country. Because of increasing demand of the product supply has to be balanced and to increase the supply of product more labour are required and especially cheap labour are the main option for the industries to meet the demand. There has been endless conflict between industry and the society as there had never been a favourable working conditions for the workers.
In the year 1802 a committee was formed to check the health conditions of the children working in the factories. This was the milestone of the child labour law. In 1857 a first industrial commission was formed to study the working condition of the workers. Enumerated below were some of the efforts to control the oppression of children in the child labour:
> Factory Act 1881- child age was defined below the age of 12 years, working time was fixed for children between the age group of 07-12 years, 9 hours. Lunch hour and holidays were fixed under this law.
> Factory Act 1891- Under this act efforts were made to eradicate the problems of child labour.
> Prohibition of Child Labour Act 1986:
> Child: who has completed 14 years of age has defined as child.
> Family: is defined as having husband and a wife or equivalent to having a brother or a sister.
> Week: is defined as 24 hours from midnight.as from Saturday midnight to Sunday midnight.
> Day: is defined as 24 hours from midnight.
> Child labour technical advisory committee:-
> 1.Central govt. Is empowered to declare an act to form an advisory committee.the role of this committee is to advise the central committee about the process of livelihood.
> 2.The central committee will appoint a president and few members in the committee
> 3.The committee will meet according to the need
> 4.The committee has the right to form sub committees and include members.
> 5.Commitee has the right to appoint office bearers and draw their payments.
Guide to the working conditions of child labour :- This part is applicacable to such section of the organiztion which does not come under section 3 Prohibation from livelihood of the bonded labour. No child can be forced to work under any condition under this section 1 & 2. This is not applicable to the child who is enforced by his parents or institution approved by Govt.
The Child labour in Indian context. An Indian Organization has begin a project to solve the probem of child labour. Under this project some organization, unions, parents etc are included. The main aim of the project is to provide suitable facility for children who are working with other skilled labours. Bidi/bangles industries, Iron –ore industries.Hotels, Automobiles, Garage and workshop etc..are some of the areas of child labour under consideration..
Following are some of the solution to the child labour :-
1. Concentrate on the units where child labour exists.
2. Establish a monetary fund for helping such organization,unions industries who are trying to alleviate child labour.
3. Makecan analytic study of the effect of the child labour.
4. Promote litracy and education among the parents of the children who are in child labour.
5. Create employment opportunities as an option for the un-employed.
6. Ban the child labour…by all means..
(Rajendra Kumar Gaikwad )
Asstt. Inspector General
Jails & Correctional Services
Jail Head Qtr. Raipur. CG
| 