STUDY OF CHILD WORKERS OR

CHILD LABOUR VIOLATION OF

THE RIGHTS OF CHILDREN

Submitted to : Prof. A Lakshmipati Raju

B.A.LL.B (Hons) Sem- 1st

Page

Roll no 2013001

Submitted by : Aaditya Vasu

Do you hear the children weeping, O my brothers,

Ere the sorrow comes with years.
They are weeping in the playtime of the others
In the country of the free
How long, they say, how long, O cruel nation,
Will you stand, to move the world, on a childs heart?

The Cry of the Children, written in 1843 by Elizabeth Barrette Browning

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Acknowledgement :
Writing a project is one of the most significant academic challenges I have ever
faced. Though this project has been presented by me but there are many people
who remained in veil, who gave their all support and helped me to complete this
project.
First of all I am very grateful to my subject teacher Prof A Lakshmipati Raju Sir ,
without the kind support of whom and help the completion of the project was a
herculean task for me. He donated his valuable time from his busy schedule to help
me to complete this project and suggested me from where and how to collect data.
I am very thankful to the librarian who provided me several books on this topic
which proved beneficial in completing this project.
I acknowledge my friends who gave their valuable and meticulous advice which
was very useful and could not be ignored in writing the project, and special
reference to Sheikh Fazil, who accompanied me to the field work so as to make me
understand the local language. I also owe special thanks to my parents for their
selfless help which was very useful in preparing the project & without whose
support this project wouldnt have been prepared.

Aaditya Vasu
Roll No. 2013001

Page

1st semester

Index :

1.

Introduction

2.

Aims and objectives

3.

Hypothesis

4.

Research Question

5.

Research methodology

6.

Story of Iqbal

7.

Child labor

8.

Right to education

9.

National laws

10.International laws
11.UN rights protecting working children
12.Research work
a. Observations
b. Reasons for existence
c. Suggestions
13.Concluding remark

Page

14.References

Introduction :
We are living in an era of dramatic change and transition, in a world that is being
transformed by regular scientific, moral and political change. The change has
emerged out to be the only eternal thing left on the planet. The individual life is
now much cumbersome as all are trying to grow and reach a level of complete
development. They all are investing all of their economical and mental power to
outcast every other opponent in the race of life. Even though, in spite all these
ambitious and meritorious deeds, our society as a whole is not developing. The
individuals are growing for sure, but somewhere down the line there is something
which is obstructing our society to prosper fruitfully.
The problem is of materialistic mind set up. The carefree and callous attitude one
depicts in society is one of the reasons. One is simply unaware of the happenings
just in his vicinity.
These all are the reasons of the social problems prevailing in the society. We all
trying to reach at the apex of our own professions but are unaware of the needs of
the child which lives in our locality, and by whom we pass daily in our air
conditioned vehicles having a glimpse of him roaming through the streets in torn
clothes.
The most deadly social problem still prevailing in Indian society is of child labor.
This could sound too harsh, but the reality is that most of us even do not consider it

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understand the basic thought that, children are the building blocks of the society

to be an evil as we have accepted it as a part of our society and life. We must

and country as a large, and investing on them could be one of our planning for
secure future.
As the UNICEF rightly states that To guarantee the human rights of children is to
invest in the future. Children's rights are the building blocks for a solid human
rights culture, the basis for securing human rights for future generations. 1
Education is regarded as a solution to all the problems prevailing in the
community, but the irony is that the evil of child labor is turning out to be an
obstruction in imparting education itself.

Aims and objectives :

The objectives of doing research work on CHILD LABOUR VIOLATION OF
RIGHT TO EDUCATION OF CHILD are as under :
1. To check the current status of practice of child labor in our society.
2. To enumerate the status of implementation of Right to Education in society.
3. To figure out possible causal explanation to the problem of Child Labor.
4. To suggest some productive ways to curb this social evil.
5. To study the problems, practice of child labor is creating in implementation
of Right to Education.

http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf, Anonymous, October 4,

2013, 14:34 IST.

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Hypothesis
The authorities of state through legislation have tried to control the social issue of
child labor and implement Right to Education for better nurturing of younger
generation of our society, but the grass root reality totally differs. The fact remains
that mere implementation of legislative reforms would never fetch the need until
there is a change in mind set of general public. Just in a case, you saw a child
working in a manufacturing factory where you are employed, so you directly may
not be promoting the social evil, but you are morally responsible for the happening
as you are not protesting the event. The can be brought but one and all have to
contribute towards it and remember, charity begins at home, so do not expect
anything but be the change you want to see.

Research Question :
How has the social issue of Child Labor, which is still prevalent in
society, obstructed the way of implementation of right to education for
children?
How can we curb the social issue of Child labor ?

Research Methodology:

of research.

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EDUCATION OF CHILD would require both doctrinal and non-doctrinal mode

The research on the topic CHILD LABOUR VIOLATION OF RIGHT TO

 Doctrinal research or traditional research involves analysis of case laws,

arranging, ordering and systematizing legal prepositions and study of legal
institutions, but it does more it creates law and its major tools through
legal reasoning or rational deductions. In the opinion of Booming, this kind
of research represents more a practical regulative ideal of how the judicial
process ought to be conceived by the judiciary than a theoretical analysis of
its actual structure and functioning.2

My doctrinal research included consulting various books related to child

labor, right to education and the Constitution of India, available in library of
Damodaram Sanjivayya National Law University.
Non doctrinal research or empirical research is carried on by collecting or
gathering of information by first hand study of subjects. It relies on
experience or observation without due regard to any theory or system and
hence it is also called as experimental type of research. Here researcher
attempts to investigate effect or impact by actual examination or observation
of the functioning of law and legal institutions in society.

Non doctrinal research required me to do some field works and

observations in the Railway Station Area of Visakhapatnam. My research
work is based on study on inhabitants of. I personally visited the locality to
figure out the children working on the daily basis to earn their living. I tried
to deduce the reason itself by interviewing few of them (child laborers) so

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Legal Research Methodology, Asia law house Hyderabad, Doctrinal research or traditional
research, Dr T Padma and K P C Rao, Pg 30.

as to why they chose to be child laborers or were they forced for it. The
social, hygienic and educational background of child laborers is also taken
note of. Efforts were made to do a comparative study on the total number of
children residing in concerned area in accordance with the number of
children enrolled in any of the educational institutes.

Story of Iqbal:
Iqbal was only four when he was sold into slavery. He was a child of bondage, sold
by his family to pay for a debt. Though very small and very weak, he was forced to
work at a carpet factory for 12 hours a day. He was constantly beaten, verbally
abused and chained to his loom for six years. Severe malnutrition and years of
cramped immobility in front of a loom stunted his growth. All this changed in
1992, when Iqbal and some of his friends from the carpet factory stole away to
attend a freedom day celebration organized by a group working to help end bonded
labor. With their help, Iqbal, too, became free and soon became a well-known
critic of child labor. His campaign scared many, especially those who used
children as bonded labor. In December 1994, Iqbal visited the United States to
receive a human rights award. Soon after his return, Iqbal was killed by a gunman
hired by factory owners. Iqbal was just one of millions of child laborers
worldwide, but his story has inspired many to act for change.3

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http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf, Anonymous, October 4, 2013,

14:34 IST.

Comparison between India and other Countries

Country

Total

Child Male

Female

Children

Population

Children

Children

affected

(%)

Population

Population

Disability

(%)

(%)

(%)

Children who
by are

drug

addicted (%)

India

100

67 %

43 %

39 %

13 %

Brazil

100

59 %

41 %

23 %

70 %

Ghana

100

52 %

48 %

47 %

13 %

Pakistan

100

69 %

31 %

36 %

16 %

Sri-Lanka

100

56 %

44 %

40 %

49 %

USA

100

49 %

51 %

12 %

74 %

As according to this report, 6 countries reports has been given, as according to this report
India have 67% and 43% population ratio in male and female children, out of this 39%
are disabled which is a matter of concern even for the 13% of the children who are drug
addicted. If we consider these things in comparison then Brazil has the highest number of
drug addicted children and if we talk about the disability factor then Ghana tops the list.
Ghana and India have least drug addicted children but this one is also not appreciable
because our aim is to make the ratio to 0% , we dont want even 1 % of the disabled

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10

children or the children with drug addicted.

States

Rural

Urban

All

Share

of

Child labor
A.P.

1052

140

1201

13.2

Assam

124

133

1.5

Bihar

333

30

364

4.0

Chhattisgarh

225

31

263

2.9

Delhi

10

0.1

Goa

0.1

Gujarat

220

77

302

3.3

Haryana

83

14

99

1.1

H.P.

36

37

0.4

Jharkhand

167

38

206

2.3

Karnataka

510

41

571

6.3

Kerala

11

0.1

M.P.

414

68

491

5.4

Maharashtra

661

84

783

8.6

Orissa

423

22

440

4.8

Punjab

23

21

101

1.1

Rajasthan

714

110

821

9.0

Tamil Nadu

95

79

173

1.9

U.P.

1620

459

2064

22.9

Uttrakhand

59

74

0.7

West Bengal

485

217

690

7.6

NSSOestimateofchildlaborinmajorindianstates.pdf

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Child Labour :

11

NSSO Estimate of Child Labor in Major Indian States (2011-2012)4

In India the term Child Laborers refers to the population of working children
ranging in age from five to fourteen years. The minimum age prescribed by law
varies from industry to industry e.g. in factory minimum age is 14 years, and in
mining it is 18 years.
Child labor conventionally referred to children working before they reached the
lawful minimum age for employment in their count ry (nowadays usually 14, 15
or, as in the UK, 16), often the same as the cut-off age for compulsory attendance
at school. Now redefined to refer to all young people engaged in harmful
employment, whether they are school-age or older.5

Right to education : .

The right to education under Constitution of India is,

The constitution amendment act, 2002 has inserted article 21A which provides
that,
The state shall free and compulsory education to all children of age 6 14 years

http://www.ilo.org/global/topics/child-labour/lang--en/index.htm, August 27, 2013, 23:05 IST.

Introduction to the Constitution of India, Lexis Nexis Butterworths Wadhwa, Fundamental rights
and fundamental duties, D D Basu, pg 115

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12

in such a manner as state may by law, determine.6

The right of a child should not be restricted only to free and compulsory education,
but it should be extended to have quality education without discrimination on
ground of childs economic, social and cultural background. The right of child to
free and compulsory education has now become a part of fundamental rights under
article 21A of the Constitution of India.
This enactment was done so as to aim cent percent literacy among the upcoming
generations, and to remove poverty as a cause of illiteracy.

National laws :
The Indian laws that seek to prohibit employment of child labor include:7
The Article 24 of constitution of Indian clearly states No child below the
age of fourteen years shall be employed to work in any factory or mine or
employed in any hazardous employment.
Article 39 (e) directs State policy such that the health and strength of
workers . And the tender age of children are not abused and that citizens
are not forced by economic necessity to enter avocations unsuited to their
age or strength.
Article 39 (f) that children are given opportunities and facilities to develop

Introduction to the Constitution of India, Lexis Nexis Butterworths Wadhwa, Fundamental

rights and fundamental duties, D D Basu
7

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13

in a healthy manner and in conditions of freedom and dignity and that

childhood and youth are protected against exploitation and against moral and
material abandonment.
Article 45 makes provision for free and compulsory education for children
up to the age of fourteen years.
With regard to child labor, the Indian government implemented the Child
Labor Act in 1986. The purpose of this act is to prohibit the employment of
children who have not completed their 14th year in specified hazardous
occupations and processes.
Articles 23, 24 and 26 of the Juvenile Justice (Care and Protection) Act 2000
also seek to protect children from exploitation and neglect.
Provisions in numerous other acts such as Factories Act 1948, Mines Act
1952, Beedi and Cigar workers (condition of employment) Act 1966 and
Shop and Commercial Establishment Act prohibit employment of children.

International laws :
Child labor is increasingly recognized as a crime against the UN Convention on the
Rights of the Child. The labor is likely to interfere with the education and normal
development of the children which can be harmful to their health and morals.
India is also a signatory to United Nations Convention on Child Rights. According
to this convention and child labor violates the following rights of a child:
The right to be cared for by his or her parents. (Article 7).

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contact with them. (Article 9)

14

The right of a child separated from his or her parents to maintain regular

The right to be brought up by parents or guardians whose basic concern is

the best interests of the child. (Article 18)

The right to protection from physical or mental ill-treatment, neglect or

exploitation. (Article 19).

The right to conditions of living necessary for the childs development.

(Article 27).

The right to education. (Article 28).

The right to rest, leisure, play and recreation (Article 31).

The right to protection from economic exploitation and from performing

any work that interferes with his or her education or is harmful to his or her
mental, spiritual or social development. (Article 32).

The right to be protected from all forms of sexual exploitation and sexual
abuse. (Article 34).

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The right not to be arbitrarily deprived of liberty. (Article 37)

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16

Division on the Basis of Class

UN rights that protect working children

UN Convention on the Rights of the Child 19898
Article 6- Governments must ensure that children are able to survive and
develop to the maximum extent possible.
Article 11- Governments must prevent the illicit transfer and non-return of
children abroad.
Article 19- Governments must take action to protect children against all
forms of physical or mental violence, injury, abuse, neglect, maltreatment or
exploitation, including sexual abuse.
Article 20- Governments must provide special protection and assistance to
children who are deprived of their own family environment.
Article 22- Specifies that refugee children have the same rights as all other
children.
Article 24- Guarantees children their right to the enjoyment of the highest
attainable standard of health and to abolish traditional practices that are
prejudicial to childrens health.
Article 27- Every child has a right to a standard of living adequate for the
childs physical, mental, spiritual, moral and social development; parents
have the main responsibility for this, but governments are required within
their means to assist parents, as well as to provide material assistance and
support in case of need.

http://www.unicef.org/crc/, October 2, 2013, 11:09 IST.

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Article 28- Every childs right to education

 Article 31- Concerns childrens right to rest and leisure, to engage in play
and recreational activities appropriate to the age of the child.
Article 32- Against economic exploitation
Article 34- Governments must protect children from sexual exploitation and
abuse. In particular this means preventing the exploitative use of children in
prostitution or in pornographic performances and materials.
Article 35- Requires governments to take action to prevent children from
being trafficked.
Article 36- Requires governments to protect children against all other forms
of exploitation prejudicial to any aspects of the childs welfare.
Article 39-Governments have a responsibility to help children recover from
exploitation, neglect or abuse (particularly their physical and psychological
recovery and return and reintegration into the communities they come from).

Research work :
In order to observe the present condition of children in our society, I in a visit to
my area of field work. I planned to have a walk from Big Bazar Vizag to General
Booking Center of Railway Station Vizag , so as to take a note of children working
in different shops as a daily laborers and enquire them about their whereabouts.
Observations made:
There are around 16 shops between Big Bazar to Railway Station

guest houses.

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Dressers, Clothing, Communication, Small Dhabas, Restaurants and few

18

Visakhapatnam, varying from General Stores, Medicinal Shops, Hair

 Children do work in almost all the shops, hair cutting saloon being an
exception to it.
A child was even seen giving away medicines to the customers.
Small dhabas and restaurants, could be termed as a hub of child workers as
over here at least a couple of children could be noticed in nearly every shop,
doing some or the other work.
Children are either given order, or they might be smart enough, as soon as
you enquire about their age, they would definitely answer with 15 + years.
The couple of children I managed to enquire, replied that they were just
helping in their family business and were not forced for it.
Regarding the education they replied that though they were enrolled in some
school (even the name of school was not known to him), they were never
regular in it, and while one was not able to recollect the standard he was
studying in.
Though the children working in these areas do not fall under the clear ambit
of child labor as accordance with national and international norms, still it is
obstructing their way to attain knowledge and creating a adverse effect on
their physical and mental health, thus it needs to be checked.

Story of CHHOTU:
Chhotu is the name of the child, about 10 12 year old child, whom I managed to
enquire with.

At first he was even hesitant to reveal his name but later he

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one present in the shop. He works in a small Dhaba, doing all the cleaning works.

19

disclosed. The conversation was possible as at that point of time, he was the only

Chhotu told that he belonged to Srikakulum of AP and is presently working in

shop of his maternal uncle. He belonged to a very poor family which was run alone
by his mother, he was unaware about the mere existence of his father. He insisted
of being 16 yrs. old, though looked to be merely of 10 12 yrs. His mother use to
earn her living working as a maid in households, and she has willingly sent him to
his maternal uncle so as he could contribute to the earning of his family. He was
required to wash the used utensils in the dhaba, and looked about the cleanliness of
the premises. Regarding his monthly earning he told that he was unaware of all
that, as it was managed by his mother. He claimed to be enrolled in junior high
school affiliated to state government, but at the same time admitted that he had
been to school only 10- 12 times in the past year. All of his requirements were
made available by his uncle, whom he considered to be a genuine person.

Reasons for existence of child labor:

All the way during my research work on CHILD LABOUR VIOLATION
OF RIGHT TO EDUCATION OF CHILD , these all are the possible reasons,
which I could figure out, for presence of child labor in our society :
The illiteracy among the masses still remains to be the major cause for all
the social evils prevailing, as the literacy rate would increase it would
automatically wash away majority of problems with it.

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earn their own living, the problem of overpopulation also adds up to the

20

The poverty of rural masses compel them to force their children to work to

problem is, how can we expect a family earning 1500- 2000 penny a month,
manage all the requirements of all of its 10- 12 members.

Though the legislative enactments are done but they are not being executed
in the society as they should be, public on its own is making the acts flexible
and there is no one to keep e check on it.
Imperfect implementation of right to free and compulsory education is also
one of the key factors, the child I enquired informed that he was nearly daily
absent from the government school he was enrolled in, so here comes the
duty of state authority to keep a check on these issues.

Suggestions and concluding remark:

State and central authorities are trying their bit to tackle the issue, here
comes role of society and community so as to co-operate in execution of
legislative reforms done, and contribute for brighter future of our nation.
Individuals can also help in the cause by simply spreading the awareness

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income so as for up liftmen of the neediest such as Chhotu.

21

regarding the issue and doing charity by sharing their part of monthly

 Each and everyone needs to be rational in their approach, we must not

entertain children working at any place, be it small guy delivering
newspapers to us (as in our Hostel), or some other child washing away our
used utensils at Dhabas.

Let us try to achieve our objective of ZERO CHILD LABOUR . Apart from a
holistic approach, there is an urgent need to involve local bodies both rural and
urban society. We now need to work in a mission and movement mode, especially
at the national level. Mainstreaming these children is not the only solution but we
need to consider the child and the family together as a unit.

Let us work towards making the words of the greatest man of our country come
true. In words of MAHATMA GANDHI
If we are to reach real peace in this world and if we are to carry on a real war
against war, we shall have to begin with children. And if they will grow up in
their natural innocence, we wont have to pass fruitless, idle resolutions, but we

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shall go from love to love and peace to peace.

References:

http://www.ilo.org/global/topics/child-labour/lang--en/index.htm, August 27,

2013, 23:05 IST.
http://www.un.org/cyberschoolbus/briefing/labour/, August 27, 2013, 23: 17
IST.
http://portal.unesco.org/education/en/ev.phpURL_ID=40625&URL_DO=DO_TOPIC&URL_SECTION=201.html
August 27, 2013, 23 : 55 IST.
http://www.childinfo.org/labour.html, August 28, 2013, 00:17 IST.
http://www.educationforallinindia.com/page119.html, August 28, 2013,
00:54 IST.
http://www.unesco.org/new/en/education/themes/leading-the-internationalagenda/right-to-education/, September 01, 2013, 23: 11 IST.
Legal news and views, volume 23, no 6, June 2009, T A John, A Social
Action Publication, A bondmen of childhood among street children, Sujata
Ganguly and Nalin Singh Negi, pg. 5.
The Child Labor ( prohibition and regulation ) Act, 1986

Legal news and views, volume 23, no 11, November 2009, John Chathanatt,
A Social Action Trust Publication, The right of children to free and

Page

Agarwal, pg. 2.

23

compulsory education bill, 2009 fails the test of constitution mandate, Ashok

 Legal news and views, volume 23 , no 11, November 2009, John Chathanatt
, A Social Action Trust Publication, Right to education and childrens right
approach , Prahlad Singh Shekhawat, pg 4.

Legal news and views, volume 23, no 11, November 2009, John Chathanatt,
A Social Action Trust Publication, Rights of child and child labor in India:
A critical study, Mrs. Jayashree V Doddawadmath and Dr Ramesh, pg. 6.
Lex Witness, volume 3, issue 12, July 2012, P B A Srinivasan, Right of
children to elementary education: Analysis of apex courts landmark
judgments, Dr Virendra Kumar, pg. 24.
Legal news and views, volume 25 , no 6, June 2011, John Chathanatt, A
Social Action Trust Publication, Right to education act, 2009: Issue and
challenges in the light of national and international obligations, Dr. Tarun
Arora, pg. 15.
Economic and political weekly, September 20- 26, 2008, volume XLIII, no
38, Sameeksha trust publication, Education policy and practice: Case study,
Radhika Iyengar and Sharmi Swianarain, pg. 63.
Legal Research Methodology, Asia law house Hyderabad, Doctrinal

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research or traditional research, Dr. T Padma and K P C Rao, pg.30.

 http://educationenvoy.org/child_labor_and_education_US.pdf

Child labor

and educational disadvantage- bringing the link, building opportunity,

Gordon Brown, October 4, 2013, 15:07 IST.
http://www.un.org/cyberschoolbus/briefing/labour/labour.pdf, Anonymous,
October 4, 2013, 14:34 IST.
http://library.fes.de/pdf-files/ipg/ipg-2001-3/artashraf.pdf, Children laborers
without alternative, Shahid Ashraf, October 5, 2013, 23:44 IST.
http://www.unicef.org/protection/files/child_labour.pdf, Fact sheet: Child
labor, October 5, 2013, 23:58 IST.
http://www.streetchildren.org.uk/_uploads/Publications/child-labourtoday.pdf, UNICEF and UK initiative, End child exploitation : report, Mike
Dottridge and Liz Stuart, October 5, 2013, 23:21 IST.
Journal of Economic Literature, September 1999, Vol. XXXVII, Child
Labor: Cause, Consequence, and Cure, with Remarks on International
Labor Standards, Kaushik Basu, pg. 1083.
Introduction to the Constitution of India, Lexis Nexis Butterworths wadhwa,

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Fundamental rights and fundamental duties, D D Basu, pg. 115.

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