Selected Child Labor Measures Adopted by Governments
| Ratified ILO Convention 138 |
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| Ratified ILO Convention 182 |
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| ILO-IPEC Member |
X |
| National Plan for Children |
X |
| National Child Labor Action Plan |
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| Sector Action Plan (Trafficking) |
X |
Incidence and Nature of Child Labor
The ILO estimated that 11.2 percent of children ages 10 to 14 years in India were working in 2002.[2025] Children work mostly in the agricultural and informal sectors; however, many children can also be found engaging in domestic work and laboring in factories.[2026] Bonded or forced child labor is a problem and exists in several industries.[2027] Recent reports indicate that the practice exists in carpet manufacturing[2028] and silk weaving.[2029] Children work under hazardous conditions in the production of glassware, bidis (cigarettes), fireworks, matches, locks, bricks, footwear, brassware, gem stone polishing, stone-quarrying, leather goods[2030] and sporting goods.[2031] Children are also found living and working on the streets of India.[2032] Commercial sexual exploitation of children, including child sex tourism, occurs in major cities.[2033]
India is a source, destination, and transit country for trafficking of children for the purposes of commercial sexual exploitation and other forms of exploitive labor. Children are reported to be trafficked from India to the Middle East and Western countries such as the United States and Europe; into India from Bangladesh and Nepal; and through the country to Pakistan and the Middle East. Mumbai, Calcutta and New Delhi are major destination cities for young girls trafficked from Nepal and Bangladesh for the purpose of commercial sexual exploitation. Children are also trafficked within India for sexual exploitation and forced or bonded labor. Organized crime and police corruption were common factors that contributed to the overall situation of trafficking in India.[2034] An August 2004 study by the government estimated that almost half of the trafficked children interviewed were between the ages of 11 to 14 years.[2035]
The December 26 tsunami left many children in India orphaned or separated from their families and without access to schooling, increasing their vulnerability to trafficking and other forms of labor exploitation. However, the impact of the disaster on children's involvement in exploitive child labor has yet to be determined.
The Constitution established a goal of providing compulsory and free education for all children until they reach 14 years of age.[2036] The 1986 National Policy on Education and the 1992 Program of Action reemphasized that goal.[2037] The Parliament passed legislation in December 2002 making education for all children ages 6 to 14 a constitutionally guaranteed fundamental right; however the implementation of this new guarantee has yet to come into force.[2038] Legislation at the state and/or provincial level established compulsory primary education in 14 of the 24 states and 4 union territories.[2039] In 2000, the gross primary enrollment rate was 98.8 percent, and the net primary enrollment rate was 83.3 percent.[2040] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Recent primary school attendances statistics are not available for India. As of 1999, 59.0 percent of children who started primary school were likely to reach grade 5.[2041]
Child Labor Laws and Enforcement
India does not have a national minimum age for employment.[2042] However, the Child Labor (Prohibition and Regulation) Act of 1986 prohibits the employment of children under the age of 14 in 13 occupations and 57 processes that are considered hazardous and places restrictions on children’s work hours in all other sectors.[2043] In 1996, India’s Supreme Court established a penalty for persons employing children in hazardous industries and directed national and state governments to identify and withdraw children from hazardous work and provide them with education. Bonded child labor is prohibited under the Bonded Labor System (Abolition) Act of 1976. Under the Act, allegations of bonded labor and child bonded labor are investigated by district-level Vigilance Committees.[2044] The Penal Code and the Immoral Traffic (Prevention) Act of 1956 prohibit the trafficking and commercial exploitation of children, including sexual exploitation. The penalty for the commercial sexual exploitation of a child is imprisonment for 7 years to life.[2045] In May 2003, India ratified the South Asian Association for Regional Cooperation Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.[2046] In 2000, the Government of India issued a notification banning government employees from using child domestic workers.[2047]
There were no new national or judicial efforts in 2004 to strengthen or enforce existing child labor laws and regulations.[2048] The U.S. Department of State reported that enforcement of child labor laws, which falls under the jurisdiction of state governments, is inadequate for a number of reasons, including insufficient government resources, traditional attitudes toward child labor, and the government’s inability to provide universal primary education.[2049]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In January 2004, the Government of India launched National Child Labor Projects (NCLPs) in 50 new districts, bringing the total number of NCLPs to 150 in 20 states.[2050] The government’s 2002-2007 10th Five-Year (Development) Plan includes provisions to increase the overall number of NCLP districts to 250.[2051] A major activity of the NCLPs has been the establishment of special schools that provide non-formal education, vocational training, stipends, and nutrition supplements for children withdrawn from hazardous work.[2052] According to the government, as of December 2003, more than 200,000 children have been withdrawn from hazardous work and placed in NCLP schools around the country.[2053] Under the government’s current Five-Year Plan, child labor elimination efforts have been integrated with the country’s Universal Elementary Education program.[2054] In February 2004, the government adopted a National Charter for Children, which calls for free and compulsory primary education and the elimination of all forms of child labor.[2055] The government has in place a Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children.[2056]
With USDOL funding, ILO-IPEC is implementing a USD 40 million multi-year project aimed at eliminating child labor in 10 hazardous sectors in the states of Madhya Pradesh, Maharastra, Tamil Nadu, Uttar Pradesh, and Delhi. The project will support and strengthen the government’s existing national child labor and basic education policies and programs with the aim of withdrawing and preventing thousands of children from engaging in hazardous work. The Government of India is contributing USD 20 million toward the project.[2057] The government’s annual budget in 2002 and 2003 for child labor was Rs. 730 million rupees (approximately USD 16 million).[2058] Under the Grants in Aid Scheme program, the Ministry of Labor provides funding for 70 NGOs to implement projects aimed at providing working children with education and vocational training opportunities.[2059]
The Government of India has taken a number of steps to improve education and achieve universal enrollment in line with the goals of its NPE. The Ministry of Education’s Sarva Shiksha Abhiyan (Universal Elementary Education) Program aims to achieve universal elementary education for all children in India ages 6 to 14 by 2010.[2060] To achieve this, the Ministry is implementing a number of programs including the Education Guarantee Scheme to provide alternative and innovative education for the country’s out of school children, including child laborers.[2061] In addition, the government is implementing the District Primary Education Program in 273 districts in 18 states with a focus on classroom construction, non-formal education, teacher hiring and training, and services for girls and vulnerable children. Through its National Program of Nutritional Support to Primary Education, the government provides mid-day lunches, including cooked meals to children to increase enrollment and help improve the nutritional status of children.[2062]
The World Bank has supported the government’s efforts on improving basic education in particular for girls, working children, and children from disadvantaged backgrounds. Projects have focused on expanding access, improving classroom instruction, increasing community participation and strengthening local and state capacity.[2063] In April 2004, the World Bank approved a USD 500 million credit to support India’s Universal Elementary Education program.[2064]
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