The Protection Of Child Labour In India
Abstract
Child labour is a worldwide phenomenon but more focused is required on developing countries. India is a developing country with the second highest birth rate in the world after China. More than 200 million children in minimum age in the world that minors are forced into child labour and one of the countries with the largest child labour is India even in hazardous condition. As a federal state, government of India should uphold child rights in the society. The purposes of this thesis are to study and to understand the implementation of the law that ban children under the age of 18 to work; to scrutinize about the constraints faced by The Government of The Republic of India in addressing child labour; and to explain the protection on the rights of child in India and in Indonesia in comparison. This research uses normative research. Normative research is legal research theory, which identify and conceptualize the way the law as norms, rules, regulations including academic paper, research report, dictionary, etc. The result shows that India was among the first nations to sign the MoU with The International Programme on the Elimination of Child Labour (IPECL) to help in combating child labour. Unfortunately, the concerned authorities are unable to combat the rising cases of child labour because of varied reasons. UNICEF and BCC reports that poverty is the big cause of child labour in India. The girl child labourer is particularly alarming due to gender discrimination in large part of the society and also the complex relationship between social and child labour linked to the caste system. The caste system has been an enormous influence on the social and economic development of India. The Government of India has introduced numerous policy initiatives to try to reduce the effects of caste upon children’s life chances. It is suggested that in order to protect childrens in India, The Government of India is recommended to keep control and apply the law that ban children under minimum age to work and to prevent the scourge of child labour, the government of India should consistent and aware of the importances of respecting children’s rights.
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Hj. Shamsuddin Bardan, Employment Relationship, Malaysian Employers Federation, Kuala Lumpur, 2010.
Maimunah Aminuddin, Essentials of employment & industrial relations, Perpustakaan University Malaya, Kuala Lumpur, 2009.
Directorate General for Manpower Development and Utilization, Employment, Growth and Basic Needs, Jakarta, April 1976.
ILO, Statistics on Working Children and Hazardous child labour in Brief, Kebebew Ashagrie, Bureau Statistics, Geneva 1997.
Garg A, A child labor social clause: analysis and proposal for action, NYU J Intl L & Pol. 1999;31:473-534.
Diller JM, Levy DA, Child labor, trade and investment: toward the harmonization of international law, Am J Intl L. 1997;91:663.
Ann Harrison, Globalization and Poverty, Vol. 58 No.3 (April 2010), Published by: The University of Chicago Press.
Marcel Neutel and Almas Heshmati, Globalization, Inequality and Poverty Relationships: A Cross Country Evidence, Published on 2006 July.
Shirol S (2000), Child labour: A rural reality, New Delhi: Classical Publishing Company.
Myron Weiner, The Child and The State in India, 1991.
Neera Burra, Born to Work, Child Labour in India, August 24, 1995.
Narendra Prasad, Population Growth and Child Labour : The Indian Dilemma, 2001.
Asha Bajpai, Child Rights in India: Law, Policy, and Practice, Oxford University Press, 2003.
New Internationalist Magazine, World Development book case study: the dalit minority in India, July 2005.
Max Weber, Hindouisme et Bouddhisme, translated and presented by Isabelle Kalinowski and Roland Lardinois, Paris, Flammarion, coll. Champs, 2003.
Gartner, Manfred, Labor Market Integration and Its Effect on Child Labor, June 2011.
Clark Nardinelli, Child Labor and The Industrial Revolution, Indiana Univ Pr, September 1, 1990.
Ms. Shanta Sinha, Chair of Children’s Rights Commission, India. Child labour exist because we allow it to exist.
Ashok Ranjan Basu, Urban squatter housing in third world, 1988.
B. Laws
The Child Labour Act, 1986
The Factories Act, 1948
The Mines Act, 1952
The Bonded Labour System (Abolition) Act, 1976
ILO (International Labour Organization)
The United Nations Convention on the Rights of the Child, 1989
C. Paper
David L. Parker, MD, MPH and Martha Overby, JD, A Discussion of Hazardous Child Labour, 2005.
Shalahuddin S, Good Corporate, Jurnal FHUI, Fakultas Hukum, Universitas Indonesia, 2009.
Surendra Kumar Yadav and GowriSengupta, “Environmental and Occupational Health Problems of Child Labour: Some Issues and Challenges for Future”, Department of Environment Management, Institute of Environment Management & Plant Sciences, Vikram University, Ujjain, Madhya Pradesh, India, Department of Community Medicine, Vardhaman Medical College, Safdurjung Hospital Campus, New Delhi, India, 2009.
Sarita Bharti & Dr. Shalini Agarwal, “Physical & Psychological Hazards Faced by Child Labour – A Review Article”, Research Scholar, School for home sciences, BBAU, Lucknow& Assistant Profesor, School for home sciences, BBAU, Lucknow.
DW (Deutsche Welle) (News, information and analysis of German and European topics), “Biasa, PelanggaranHakAnak di India”, 2009 October, 06.
Ahmad Shuja, Afghanistan assistant researcher at Human Rights Watch, “They Bear All the Pain” Hazardous Child Labour in Afghanistan, 2016 July, 14.
Basu K, Tzannatos Z. The Global Child Labor Problem: What Do We Know and What Can We Do?, World Bank Econ Rev.2003;17:147-73.
Angnihotram RV, An overview of occupational health research in India, India Journal of Occupational Environ Med. 2005;9:10-4.
Geneva, Switzerland: ILO International Labour Organisation Combating Child Labour through Education, 2003.
ILO good practice guide for addressing child labour in fisheries and aquaculture: Policy and practice preliminary version international labour organization, 2011.
Child Labour and Responses in South Asia International Labour Organization (ILO), 1996-2012.
International Labour Organization. ILOLEX database of International Labour Conventions. [[citized 2005 July 6]]. Available from: URL: http://www.ilo.org/ilolex/english/convdisp1.htm.
Sumithra Prasanna, Child Population in Papua New Guinea in Articles Human Rights (seedstheatre.org), Published: 2014 August, 2. Accessed on 2017 January, 05 at 22.30 o’clock.
Dr. Anand Pawar & Rakesh Vadiya, Indian Journal of Research (Paripex) Paper, Legal Protection of Child Labour in India: Problems and Perspective, Published: 2014 November. Accessed on 2017 February, 5 at 15.30 o’clock.
The Hindu News, Child Labour by Other Means, Published: 2016 September, 20. Accessed on: 2017 February, 5 at 16.17 o’clock.
DR. MEENU, Implementation Child Labour Laws: Obstacles and Efforts, (indianresearchjournals.com) Published: 2013 September. Accessed on 2017 February, 10 at 12.31 o’clock.
Department of Education, Government of India (2006), Sarva shiksha abhiyan: Fourth joint review mission, New Delhi: Aide Memoire. Accessed on 2017 February, 14 at 9.42 o’clock.
UNICEF REPORT, The State of The World's Children, 1997, Published for UNICEF by Oxford University Press. Accessed on 2017 February, 15 at 11.37 o’clock.
K.Jamnadas, Caste system contributing factor for child Labour, www.ambedkar.org/research. Accessed on 2017 February, 20 at 11.40 o’clock.
Diamond C., Fayed T. 1998. “Evidence on Substitutability of Adult and Child Labour.” Journal of Development Studies 34(3):62-70. Accessed on 2017 February, 28 at 10.45 o’clock.
Swarnalatha K, Anuradha RK, Causes and Consequences of Child Labour: Government Initiatives, International Journal of Home Science, Accessed on 2017 February, 28 at 20.59 o’clock.
National Child Labour Project, Ministry of Labour and Employment, Government of India, 2014. Accessed on 2017 February, 28 at 21.13 o’clock.
Srivastava RN, Child health & welfare, panchayats & rural de¬velopment, CANCL News. 2008;8(1):3–4.
Sources: Primary completion rate:Data from 2008, published by UNESCO Institute for Statistics, 2013. All other data:Understanding Children’s Work Project’s analysis of statistics from NSS Survey, 2009-2010.
Augendra Bhukuth, Jerome Ballet, Is child labour a substitute for adult labour? A case study of brick kiln workers in Tamil Nadu, India. International Journal of Social Economics, Vol. 33 Iss: 8, pp.594-600, 2006.
D. Internet
Blood Mica: Deaths of child workers in India’s mica ‘ghost’ mines covered up to keep industry alive. News from: Fox News (foxnews.com). Published: 2016 Aug, 3. Accessed on 2016 August, 18 at 15.00 o’clock.
https://www.unicefirc.org/portfolios/general_comments/GC7.Rev.1_en.doc.html Accessed on 2016 October, 30 at 19.30 o’clock.
, Populasi India Terpadat di Dunia, News from SuratKabarSuaraPembaruan. Published: 2013 June. 17. Accessed on 2016 August , 18 at 17:00 o’clock.
CHILD Protection & Child Rights >> Vulnerable Children >> Children’s Issues >> Child Labour in India. News from: Child Line India Foundation (childlineindia.org.in) Accessed on 2016 August, 18 at 18.13 o’clock.
Karin Hulshof, Representative Unicef India, The Situation of Children in India, A Profile. News from: unicef.org. Accessed on 2016 August, 18, at 19.00 o’clock.
Child Labour & Protection, News from: The Child Health Foundation (thechildhealth.org) Accessed on 2016 August, 19, at 06.30 o’clock.
What is child labour, News from: International Labour Organization (ilo.org) Accessed on 2016 August, 18, at 17.30 o’clock.
Child labour being murdered in mica mines all over India, News from: Economic Times (economictimes.com) Updated: 2016 August,3. Accessed on 2016 November 27 at 23.33 o’clock.
Ben Doherty, Sarah Whyte, India’s mica mines: The shameful truth behind mineral makeup’s shimmer, News from: The Age (theage.com.au) Updated: 2014 January, 19. Accessed on 2016 November 27 at 23,13 o’clock.
THE CONVENTION ON THE RIGHTS OF THE CHILD Guiding Principles: general requirements for all rights, News from: unicef.org. Accessed on 2016 October, 29 at 20.00 o’clock.
Ministry of Labour and Employment Government of India, News from: labour.gov.in. Accessed on 2016 October, 29 at 20.10 o’clock.
Children’s Rights United Nations Convention On The Rights Of The Child, News from: unicef.org.uk. Accessed on 2016 October, 30 at 17.30 o’clock.
https://definedterm.com/hazardous_condition Accessed on 2016 October, 30 at 17.45 o’clock.
International Labour Organization. ILOLEX database of International Labour Conventions. [[citized 2005 July 6]]. Available from: URL: http://www.ilo.org/ilolex/english/convdisp1.htm. Accessed on 2016 November, 23 at 10.15 o’clock.
http://www.ilo.org/suva/infromation-resources/public-information/press-releases/. Accessed on 2017 Januari, 02 at 10.00 o’clock.
http://www.china-labour.org.hk/en/node/15889. Accessed on 2017 January, 05 at 08.01 o’clock.
China: End Child Labor in State Schools. (hrw.org). Published: 2007 December, 03 at 07.00 o’clock. Accessed on 2017 January, 05 at 08.24 o’clock.
Children’s Health, Blood Mica: Deaths of child workers in India’s mica ‘ghost’ mines covered up to keep industry alive, News from: Fox News (http://www.foxnews.com/health/2016/08/03/blood-mica-deaths-child-workers-in-indias-mica-ghost-mines-covered-up-to-keep-industry-alive.html) Updated: 2016 August, 03. Accessed on 2017 January, 18 at 14.31 o’clock.
Gardiner Harris, Children Toil in India’s Mines, Despite Legal Ban, News from: TheNew York Times (https://mobile.nytimes.com/2013/02/26/world/asia/in-india-missing-school-to-work-in-the-mine.html). Updated: 2013 February, 23. Accessed on 2017 January, 17 at 15.02 o’clock.
Child Labour in India. News from: indiacelebrating.com. Accessed on 2017 Februari, 10 at 12.13 o’clock.
Live Mint E-Paper, Changes to India’s child labour Law will disadvantages tribals, lower-castes: UN, Published: 2016 July, 26. Accessed on 2017 February, 26 at 15.04 o’clock.
The Guardian, Diluting India’s child labour law will trap families in cycle of poverty, Published: 2015 May, 15. Accessed on: 2017 February, 26 at 15.25 o’clock.
United States Department of Labor, India Child Labor and Forced Labor Reports (https://www.dol.gov/agencies/ilab/resources/reports/child-labor/india) Accessed on 2017 February, 26 at 15.30 o’clock.
Child Line Foundation, Child Protection and Child Rights in India (www.childlineindia.org.in), Accessed on 2017 February, 27 at 15.42 o’clock.
Source: Census of India 2001 (http://www.censusindia.gov.in/Census_Data_2001/India_at_Glance/scst.aspx). Accessed on 2017 February, 28 at 9.10 o’clock.
Source : National Sample Survey (NSS), 1999-2000. Accessed on 2017 February, 28 at 9.27 o’clock.
UNICEF(Ed). Beyond Child Labour, affirming rights undated. Accessed on 2017 February, 28 at 22.10 o’clock.
Smrutisikha, Problem of Child Labour in India (http://www.yourarticlelibrary.com/essay/child-labour/problem-of-child-labour-in-india/43962/). Accessed on 2017 March, 13 at 20.11 o’clock.
The Hindustan Times (hindustantimes.com), March 21, 1995. Accessed on 2017 March, 13 at 20.49 o’clock.
Peter Bengtsen and Laura Paddison, Beauty companies and the struggle to source child labour-free mica, The Guardian (theguardian.com). Published: Thursday 28 July 2016. Accessed on 2017 March, 13 at 21.41 o’clock.
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