END BONDED CHILD LABOUR IN INDIA

1. END BONDED CHILD LABOUR IN INDIA

2. Child Labour- Facts and Figures INDUSTRIES EMPLOYING CHILD LABOUR • India has the largest number of working children in the world (60- 115 million) • Estimated 15 million children are bonded labourers* (latest figures from Human Rights Watch -1999) • 400,000 children in hazardous industries • About 300, 000 children, aged 5 to 15 – forced to work in carpet industry • 100,000 children, in the age group 6-14 years, are working in the diamond industry • About 5000 children, in the age group of 5- 16 years are employed in the silk industry of southern Karnataka • Child Prostitution: 15% of India’s estimates 2.3 million prostitutes are children *Bonded labour is an extreme form of exploitation. It “takes place when a family receives an advance payment…to hand a child over to an employer.” (Human Rights Watch) Agriculture Beedis Brassware Mining Fireworks Gemstones Glassware Silk and Textile Industry Stone Quarries Prostitution Fireworks and Matches Carpets Domestic Workers ……… 2002 Global March report on Worst forms of child labour http://www.childright.nl

3. General Characteristics of Child Slavery: Forced LabourExtreme Working HoursExhaustion No Free Time No Education No Freedom Of MovementEmotional Isolation Extreme High Mortality-rate Corporal Punishment Arbitrary Assault No Sick Leave/Health Care Malnutrition No or Little Wage No Possessions No Privacy Prolonged exposure to hazardous conditions, toxic environments Sexual Abuse

4. How to make a slave out of a child • Born into a caste • Sold into bondage • Transference of debt • Kidnapped • Lured by false promises • Withholding of documents, possessions The Supreme Court of India has stated that payment of less-than minimum wages amounts to slavery, for all labour – adult and child

5. Poverty is the cause of child bonded labour. If children do not work their families will starve. Child labour is a result of over-population. There is nothing wrong in allowing children to work in non-hazardous occupations. Child bonded labour is the result of many complex socio-economic factors. Moreover, it does not solve poverty. In most cases, children in bonded labour do not prevent families from starving. Even though population growth has decreased, child labour has grown. Any job with long and hard hours is hazardous to a child’s growth (and a large fraction are actually employed in hazardous environments). Myths and Facts http://www.freethechildren.org/youthinaction/child_labour_facts_myths.htm

6. If children work, they become equipped with skills for the future. Industry will collapse if child labour is not available. A global ban on child labour products will force the elimination of the practice of child labour and protect children's rights. Legislation prohibiting child labour is sufficient to resolve the problem. Their work is monotonous, hazardous, exhausting and retard their development; no skills for future are developed. That is no reason to enslave a child. Moreover, research has shown substituted adult labour would have minimal economic impact on these industries. Only 8% of products from child labor in India is exported. Enough laws and resources exist; we lack implementation and political will. Myths and Facts http://www.freethechildren.org/youthinaction/child_labour_facts_myths.htm

7. Laws in India Bonded Labour System (Abolition) Act, 1976 Abolishes the "bonded labour system" and covers all of the many permutations of the bonded labor system in modern India. Child Labour (Prohibition and Regulation) Act, 1986 The Child Labour (Prohibition and Regulation) Act was enacted in 1986 and defines a child as "a person who has not completed their fourteenth year of age." Exceptions/ Loopholes of this law: • Only prohibits child labour in twenty-five “hazardous” industries (hazardous – only as defined by adult labour standards) • Glaring loopholes and exceptions allow employers to violate the principles of this law e.g. child members of the employer’s family can be employed in such occupations - many employers use “extended family” child members as labourers • Tacitly allows use of child labor, even in hazardous occupations or industries. • The act is also inapplicable to government-sponsored programs • Other Laws • Factories Act, 1948 • Beedi and Cigar Workers Act, 1966 • Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act, 1989 • Inter-State Migrant Workmen Act, 1979 • Contract Labour Act, 1970 • Minimum Wages Act, 1948 • Plantation Labour Act, 1951 • Apprentices Act, 1961 • Shops and Establishments Act, 1961

8. International Conventions • U.N. Convention on the Suppression of Slave Trade and Slavery, 1926 • ILO Forced Labour Convention 1930,(No. 29) • U.N. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956 • ILO Abolition of Force Labour Convention, 1957 (No. 105) • U.N. International Covenant on Civil and Political Rights (ICCPR), 1966 • U.N. Convention on the Rights of the Child, 1989 India is a party to these international human rights conventions and is legally bound by them. However, India has NOT yet ratified the following ILO conventions, which are critical to eliminate child labour and bonded labour. • Convention concerning the Abolition of Forced Labour, 1959 (No.105) • Minimum Age Convention, 1973 (No.138) • Worst Forms of Child Labour Convention, 1999 (No. 182)

9. ILO’s Convention 182 Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour Ratifying Governments must • Design, implement and monitor programmes • Enforce the Convention’s provisions, • Prevent worst forms of child labour and remove and rehabilitate victims • Ensure access to free basic education • Take account of the special needs of girls and at-risk children ; • Ensure Universal Education. Actions include • Awareness Raising; • Law Enforcement; • Labour Inspection; • Educational Support; • Support for Children and Families; and • Cooperation with International Initiatives http://www.ilo.org/public/english/standards/ipec/ratify_govern.pdf

10. NGOs concerning Child Labour • India has the largest number of NGOs working in the area of child labour and bonded child labour; e.g. • Global March • Bachpan Bachao Andolan SACCS • Some very successful consumer campaigns have been run by these organizations: • Rugmark • 'Fair Play' In The 2002 FIFA World Cup • International NGOs • Freetheslaves.org • Iccle.org • Antislavery.org

11. What can we do? • Short Term- Immediate Goal • Awareness Generation • Increase awareness in your group, town, city through presentations, group discussion sessions etc • Hold awareness generation programmes this June12th , marking ILO’sWorld Day Against Child Labour( visit http://www.ilo.org/public/english/standards/ipec/wdacl/2005/index.htm) • Campaigns • Demand that Govt. of India ratify ILO C182 convention • Demand State Govts., district collectors, factory inspectors enforce relevant laws • Medium Term • Social Labeling, similar to Rugmark campaign • Support NGOs working for rescue and rehab • Insist on “no child labour” policy in all of our projects’ supply chain • Long Term • Support livelihood generation processes • Organization of processes for enforcement of relevant laws For more information on presentations and campaigns contact ranjana.ghosh@gmail.com sanat.mohanty@gmail.com vignesh.nandakumar@gmail.com