“CHILD LABOUR IN INDIA -A CRITICAL ANALYSIS”

BY-NAME- JOYSHREE GHOSHSEMESTER- THIRDENROLMENT- 1501310007SUBJECT- HUMAN RIGHTS.DATED- 16.09.2016INSTITUTION- TRIPURA UNIVERSITY.

Source:stopthechildlabourinindia.wordpress.com

Source:timestoswipe.com

INTRODUCTION

4.Affects them mentally, physically;

2.Child are paid less allowances and work more

3.Its harmful for children;

1.Child labour is that inhuman practice;

5.Poverty, over population, are the major factor .

By: Joyshree Ghosh

RESEARCH PROBLEM1.Social problem

2.Psychological problem

3.Environmental problem

4.Economical problem

5.Legal problem

6.Educational problem

By: Joyshree Ghosh

RESEARCH QUESTION

1.What are the elements which are needed to constitute child labour?

2.What are the causes which are responsible for child labour?

3.How can the consequences of child labour affect our society?

4.What are the international implementations for child labour?

5.What is the condition of child labour in India?

6.What are constitutional safeguards for children?

7.Is there any other law to deal with the child labour? What are they?

8.Whether there is any landmark judgment? What are they?

9.How can the suggestive measures be useful in this regard?

10.Whether the law provided is sufficient to deal with this problem?

By: Joyshree Ghosh

HYPOTHESIS

1 • There is no greater reliance on punishment;

2 • The safeguard is not sufficient;

3• There is no proper

mechanism which can provide the children sufficient protection from child labour.

By: Joyshree Ghosh

LITERATURE REVIEW

1.Shilpa N. Gaikwad said in her article, “every child has right to lead a decent life” (RESEARCH FRONT,Google scholar)

2.Thomas paul said in his article, “children are universally recognized as the most important asset of any nation” (Journal of Indian Law Institute)

3.Ms. Kavita N. Hedaoo, “India has the largest number of children” (RESEARCH FRONT,Google scholar)

4.Ritu Sharma, “we are guilty of many errors and many faults” (GLOBAL JOURNAL OF MULTIDISCIPLINARY STUDIES)

By: Joyshree Ghosh

1.The International Labour Organization (ILO) developed two conventions ;

2.Convention No. 138 on the minimum age for Employment;

3.Convention No.182 on the worst forms of child labour .

INTERNATIONAL PERSPECTIVECHAPTER 1

By: Joyshree Ghosh

1.1 TOP 10 COUNTRIES IN CHILD LABOUR1.Eritrea

2.Somalia

3.Myanmar

4.Democratic Republic of Congo

5.Sudan

6.Afghanistan

7.Zimbabwe

8.Burundi

9.Yemen

10.Nigeria

Images courtesy: http://www.top10listonline.com/top10-countries-with-highest-child-labour/By: Joyshree Ghosh

INDIAN SCENARIO1.It’s very common to employ child worker;

2.Mayurganj dist in Odissa was in the top with the highest number of child labour;

3.But now on 2nd Oct this district will be officially considered as no child labour area;

4.Industrial revolution engaged children in industrial organized sectors;

5.Large numbers of children are employed in an unorganized sector .

CHAPTER 2

By: Joyshree Ghosh

2.2 STATISTICS

1.Andhra Pradesh, Gujarat , Karnataka are in the top;

2.In India more than 1crore child works as child labourer;

3.More than 10million bonded children laborers are working as domestic servants over all;

4.More than 55millions bonded child laborers are engaged in industrial sectors over all;

5.According to a National Study on Abuse of Children, out of 12,447 children, 19.70% are found to be at work. Only 17% of working children are paid for their work

6.Around 90 million out of 179 million children between the age of 6 to 14 don’t go to school over all.

By: Joyshree Ghosh

ELEMENTS OF CHILD LABOUR

Elements of child labour

CHAPTER 3

By: Joyshree Ghosh

3.1. CAUSES OF CHILD LABOUR

Causes of child

labour

1.Poverty

2.Over population

3.Parental illiteracy

4.Parents want more

income

5.Lack of schools for

study

6.industrializa

tion

7.Unemployment

By: Joyshree Ghosh

3.2. CONSEQUENCE OF CHILD LABOUR

Child labour

1.Deprive of right to

life

2.Deprive of education

3.Deprive of growth

4.Perpetuate

poverty

5.Makes unskilled workers

6.Affects the

mindset

By: Joyshree Ghosh

Categories of child

labour

1.Street Children

2.Bonded Children

3.Working Children

5.Migrant children

6.household

activities

3.3. CATEGORIES OF CHILD LABOUR

By: Joyshree Ghosh

CONSTITUTIONAL SAFEGUARD

Constitutional

safeguard

1.Article 15(3)

2.Article 21 A

3.Article 234.Article 245.Article 39(e)&(f)

6.Article 45

7.Article 51A(k)

CHAPTER 4

By: Joyshree Ghosh

4.1. OTHER LAWS TO SAFEGUARD CHILDREN1.The Child Labour(Prohibition& Regulation) Act, 1986

2.The Child Labour(Prohibition & Regulation) Amendment Act, 2016

3.Children Pledging of Labour Act, 1933

4.The Mines Act, 1952

5.The Motor Transport Workers Act, 1961

6.The Factories Act, 1948

7.The Minimum Wages Act, 1948

8.The Plantation of Labour Act, 1951

9.The Merchant Shipping Act 1958

10.The Apprentices Act 1961

11.The Beedi and Cigar Workers (Conditions of Employment ) Act, 1966

By: Joyshree Ghosh

4.2. RELEVANT CASE LAWS

Valuable respect •Sheela Barse v. Union of India A.I.R 1986 SC 1773

Violates Art.24 •Labourers, Salal Hydro Project v. State of Jammu and Kashmir, A.I.R 1994 S.C. 177

Right to education •Unnikrishnan J.P. v. State of A.P A.I.R. 1993 SC 2179

Bonded labour •Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802

By: Joyshree Ghosh

CONCLUSION

1.Children are the future custodian& components

2.Children are deprived of their right;

3.Socio-economic conditions are strongly responsible;

4.Literacy rate contribute to the problem of child abuse;

5.Children are the torch bearers of the Society.

By: Joyshree Ghosh

SUGGESTION

1.Should be encouraged for school

2.Focus on rehabilitation rather than regulation

3.Focus on implementatio

n and enforcement

4.Govt should encourage the

NGOs

5.Judiciary should be more

sensitive

6.Punishment should be non-

bailable and non-

compoundable, non-cognizable

By: Joyshree Ghosh

BIBLIOGRAPHY1.Paul Thomas, “Child labour prohibition vs. abolition: untangling the constitutional

tangle” Journal of Indian Law Institute, April-June 2008, Vol 50;

2. Gaikwad.N. Dr. Shilpa, “CRITICAL ANALYSIS OF LAWS RELATING TO

CHILD LABOUR IN INDIA”, RESEARCH FRONT, 6 - June, 2015;

3. Sharma Ms. Ritu, “PROBLEMS OF CHILD LABOUR: A STUDY OF CHANDIGARH ”, GLOBAL JOURNAL OF MULTIDISCIPLINARY STUDIES , Volume-5 , 6, May- 2016;

4. Hedaoo . N. Ms. Kavita, “CHILD LABOUR IN INDIA – CRITICAL ANALYSIS”, RESEARCH FRONT, 6 - June, 2015;

5. THE CHILD LABOUR (PROHIBITION AND REGULATION) AMENDMENT ACT, 2016

6. http://www.top10listonline.com/top10-countries-with-highest-child-labour/ (visited on 15th Sept, 2016, 5.58pm)

Image courtesy: GeniusQuotes.net

CELEBRATE…..

AND STOP

CHILD LABOUR

THANK YOU