Synopsis STUDY OF INTERNATIONAL LEGAL REGULATIONS OF CHILD LABOUR: A CASE STUDY OF INDIA 1.

Introduction In passing the 86th Amendment to the Constitution of India, education is a fundamental right. This has implications for fulfillment of the obligation of the State to ensure that every child is in school. Since most children who do not attend schools are engaged in some form of work or another, it is essential that there is a comprehensive plan to withdraw children from work and mainstream them into schools. In other words the labour department has a crucial role to abolish child labour in all its forms and ensure that children enjoy their right to education. This is indeed a challenging task, but can be attained with concerted effort and a clear perspective. 1.2 Child Labour In India India continues to host the largest number of child labourers in the world today. According to the Census 2001, there were 12.7 million economically active children in the age-group of 5-14 years. The number was 11. 3 million during 1991 (Population Census) thus showing an increase in the number of child labourers. Workers in general are classified into main and marginal workers1 by the population census. Census data shows that there is a decline in the absolute number as well the percentage of children (5-14) to total population in that age group, classified as main workers from 4.3 percent in 1991 to 2.3 percent in 2001. But there was a substantial increase in marginal workers in every category of worker irrespective of sex and residence. As a result, despite the number of main workers declining from 9.08 million in 1991 to 5.78 million in 2001, the total number of children in the work force increased. A large part of the increase was accounted for by the increase in marginal workers, which increased from 2.2 million in 1991 to 6.89 million in 2001. The trends between 1991 and 2001 of declining main child workers along with increasing marginal workers may indicate the changing nature of work done by children. This is also to be seen in the context of decelerating employment growth in general in the economy during the last decade. According to NSSO estimates WPR for children in the 5-9 age group is negligible and for children in the age group of 10-14, it still continues to be significant though declining. 1.3 Statement of the problem Child labour is one of the major problems facing the developing world today. The spectacle of the child worker presents a picture where the child often works continuously. Child labour is simply the single most important source of child exploitation and child abuse in the world

today.

The problem is on the increase in India. Research done by the International

Programme on the Elimination of Child Labour (IPEC) indicates that child labour in particular labour of a hazardous and exploitative nature is becoming rampant. Statistics on child labour are elusive not only because of the special and practical difficulties involved in the design and implementation of child surveys but also because of differences in perceptions about what constitutes a child, child work, or child labour. Even so, the evidence reveals a problem found throughout the world, and especially in Africa, Asia and Latin America. The available statistics show that children between the ages of 5 and 18 are employed in domestic service, mining, agriculture, and child prostitution. Figures also show that a child at some point has been physically or sexually abused in their life. Children are more at risk from exploitation. The above statistics show that the problem is endemic and thus calls for urgent remedial action. They also show that children are employed in the informal sectors. These figures are evidence of the inadequacy of the existing state machinery to prevent child labour. Child labour has presented an explicit challenge to society at least since the Industrial Revolution. With the progressive adoption of universal primary and secondary education, child labour came into direct conflict with childrens access to education, and in many countries the labour of children was withdrawn from production.6 With the dramatic economic gains of the 20th century child labour became far less prevalent, though the absolute numbers are still high.7 Now the financial and legal means are at hand to address the problem directly, even in low-income and in the least developed countries.

1.3.1 Background to the Problem There are problems associated with the abolition of child labour. First there is no international agreement on the definition of child labour. Countries not only have different minimum age work restrictions, but also have varying regulations based on the type of labour. This makes the limits on child labour very ambiguous. Most would agree that six years old is too young to work, but whether the same can be said to a child of twelve years is debatable. Until there is global agreement that can identify cases of child labour, this problem will be very hard to solve. There is also the view that work can help a child in terms of socialization, in building selfesteem and for training. The problem is then, not child work itself, but the conditions under which it operates. Child labour in India is prevalent in areas such as domestic cores, mining, and agriculture and prostitution activities. 1.4 Objectives of the Study This study seeks to discuss the extent of the problem in the light of the legal position in India. Additionally, it explores the social and economic factors that inform the development of child labour. The chapter seeks to awaken state responsibility under international law for the protection of children from the worst forms of labour. The study further looks at the international legal perspective and a lesson thereof which India can benefit from. Various Issues will be discussed such as; what the international instruments do in the countries about child labour, domestic India legislation thereof, and whether these approaches suffice or we should find another alternative to protect children. This research seeks to raise vital issues on the application and implementation of international law governing the child labour. The study will argue that if we are to prevent children from being exploited there is an urgent need to offer a wide range of supporting systems, which are not currently in place. This study seeks to reinforce the need to protect the basic rights of children in general, best interests of a child, right to education, right to play, right to consent and other related rights, which international Conventions guarantee. India has ratified the above named international instruments and therefore has an obligation to transform these fine pronouncements into reality for children. A major limitation of the existing mechanisms is that they are reactionary, only offering protection after there is a threat of violation or when the violence has occurred. Prevention is not provided for. From the standpoint of the victim the greatest protection that can be offered is prevention against the occurrence of the exploitation in the first place and building a consciousness that child labour is intolerable and unacceptable. It is of significance that the ILO provides for the protection of

the rights of child in the same article that provides for the States obligation to protect the children. In particular, the study emphasises that success in dealing with this problem will be realised when the focus shifts to the causes of child labour rather than on its consequences alone. Child work finds justification in cultural attitudes; therefore, social actions challenging the practice must accompany legislative measures to successfully eradicate child labour. Indeed, though the study is going to single out India as a case study, the position is not quite different in other jurisdictions around the globe especially among Low-Developed Countries (LDCs).

1.5 Hypothesis H0 : Child labour is a complex issue which demands a comprehensive and integrated approach, so as to break the vicious cycle of poverty, social inequality and child labour. H1 : The lasting solution to the problem of child labour will greatly depend on the general social and economic transformation. H2 : Changes of mentality, whereby the society realises and accepts children as complete human beings who are able to think and contribute positively to the well being of the entire society, are equally important.

1.6 Research Methodology 1.6.1 Research approach The study is based on secondary data and is descriptive in nature.

1.6.2 Data Source The research is based on secondary data. Reference is made to text books, journal articles, Conventions, newspapers, reports and Statutes. Materials were also obtained from the Internet.

1.6.3 Structure of the Study The Study is divided into five chapters. 1.6.3.1 Chapter One Chapter one has set out the statement of the problem, the rationale and objectives of the study. 1.6.3.2 Chapter Two This chapter will examine the global overview and historical development of the international law on child labour in the various international legal perspectives to which India is a State Party. It will discuss child labour as a form of exploitation. The chapter traces developments in international law leading to the expansion of state responsibility to include accountability for the acts of private individuals. The chapter will introduce the debate about the definition of child, child labour in the domestic sphere and with the assistance of case study. This chapter will inevitably point out the cultural and legal variations in the determination of duty bearers in various cultural and legal settings, which make the application of international law difficult.15 The Conventions on the ILO and CRC form the basis of the international definition of child labour.16 1.6.3.3 Chapter Three This chapter will focus on the extent and magnitude of the problem in India and demonstrate the extent to which children are engaged in exploitative and harmful work in such industries as mining, plantations, domestic services and prostitution. The effects of child labour such as psychological, health and mental will be noted. 1.6.3.4 Chapter Four This chapter will discuss the existing legal framework in India. It will discuss the problems inherent in the application of international law in various domestic jurisdictions, and whether domestic laws are in compliance with the international labour standards. A further issue is the conflict of laws which inevitably arises in countries where legal dualism exists. 1.6.3.5 Chapter Five This chapter concludes the study. It seeks to draw out the lessons learnt from the challenges against child labour and make some recommendations.

1.7 Limitation of the Study The study is based on Secondary Data. The study period will be 2011-12.

1.8 Chapteristaion Scheme Chapter One: Introduction Chapter Two: International Legal Framework Chapter Three: The problem of Child Labour in India Chapter Four: The existing Legal Framework in addressing Child labour in India and its compliance with the international instruments Chapter Five: Conclusion and Recommendations References

1.9 BIBLIOGRAPHY Books Bueren,Geraldine, The International Law on the Rights of the Child, Martinus Njhoff, the Hague,1995. Franklin (ed) The Handbook of Childrens Rights Franklin, Comparative Policy and Practice, London, Routledge, 1995. Fyfe, Child labour, in J.Ennew, 1995. Michael Freeman eds; Childrens Rights: A comparative Perspective, Aldershot; Dartmouth, 1996. Rwezaura, in Alston, (ed) The Best Interests of Child: Reconciling Culture and Human Rights,85. Nhenga, T, Thesis proposal on African Cultural Influences on Legal Regulation of Child Labour in the Domestic Sphere, 2004. JOURNAL ARTICLES Bequelle A and J Boyden Working Children Current Trends and Policy Responses 2[1988] 127 International Labour Review 157-171. David Smolin, Strategic Choices in The International Campaign Against Child Labour 942 [2000] 22 Human Rights Quarterly. Ochaita,Child Work And Labour in Spain: A First Approach, International Journal of ChildrensRights, 8 [2000] 19. Yoshie Noguchi, Implementation of the Convention on the Right of the Child and the work of International Governmental Organisations.Ghent papers Report. Victoria Goddard: Child Labour in Nepal-the case of outwork. Anthropology today, vol 1.1, no 5, 0ctober, 1985. WEBSITES At what age http://www.right. to.education.org/content/age. A Situation Analysis of Sexual Exploitation of Children in the East and South Africa region,http://www.anppcan.org. Basic Labour Standards< http://www.globalmarch.org.dcl-overview.htm Bureau of International Affair:http//www.ilo.org/public/English/bureau/stat/child/childhaza.htm.

Child Labour Photo Project http://www.childlabour photoproject.org/child. Childrens Rights Alliance, http//www.childrensrights.ie/convention.php. Child labour and education :India Committee of the Netherlands http://www.indiannet.nl/ka.not-e.html. Capital development and operations policy http//www.worldbank.org.html/extdr/hddflash/workflash/workp/docs/wp-00056.doc. Child Labour in the Sports Goods Industry Jalandahar-A Case Study. http://www.ficci-sedf.org/fsedf/jdrchild.htm. Child Labour Inquiry http://www.geocities.com/collegepark/library/9175/inquiry1.htm .